Rcm on commission

2069 views 8 replies

We are a company in Delhi.

I have to pay commission to a person from Mumbai who helped us sell a machine in Mumbai. This person does not have a GST No. since his total income is less than 20L pa.

Thus I have to levie RCM. Now what kind of GST will be applied, IGST or SGST+CGST?

If IGST is to be applied, then how do I claim ITC?

 

 

Replies (8)
First of No threshold limit for Commission business under GST....
Registration mandatory for Commission Business under GST...

Irrelevant answer

Why is it mandatory? Under service tax also it was not mandatory till 10L
and now under GST it is not mandatory till 20L and thereafter he can always be a composite dealer.

Since his main business is to earn commission on sales, he can ignore ITC and be out of the purview of GST.

My problem is how to declare RCM on payment of commission to unregistered dealer?? 

What will be the place of supply in this case? If we can declare Delhi as the place of supply then there is no problem but if Mumbai is the place of supply then I have a problem since I will not be allowed to claim ITC of the RCM charged.
 

And logically, the place of supply should be Mumbai since the end customer is also in Mumbai, dealer is in Mumbai and the final supply of machine is also in Mumbai...

How can we tackle this issue?

 

igst is applicable in your case, & you can take credit (igst)of rcm made by paying igst.
we r taking igst credit on transportation, which is similar situation, interstate purchase of services.

If you have filed your GSTR 1 & 2, you will realise that interstate purchase from unregistered party is not eligible for ITC...

You may take anything in your books but what you file in return will be applicable...

If you have been able to take the ITC for unregistered interstate purchase, then please let me know under which column you have taken this

Dear Rajeev Jagga.,
Please understand as per URD inter State supply can't available. Then how you get supplies from URD (inter State)...

MR. Raja... You have not read the problem... please read the problem and then reply...

 

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