Reverse charge mechanism Query

My honourable persons ,I have an big doubt about Unregistered person RCM . Actually my query is if I received or supplied unregistered person means whether I have to pay RCM ???

as per new rules what can I claim ITC is there any exempted?
Replies (8)
Quick Summary
This discussion clarifies the application of the Reverse Charge Mechanism (RCM) when dealing with unregistered persons in GST. Generally, RCM does not apply to inward supplies from unregistered persons unless specific conditions are met, as outlined by the government. If a registered person receives goods or services from an unregistered supplier, RCM may be applicable, and the registered recipient is liable to pay the GST. However, this rule has been subject to notifications and is only applied in specified instances, not universally.

No, RCM will not apply if you make inward supplies from unregistered persons. 

The government has specified a few cases in which RCM will apply in case of purchase from unregistered persons and not on all purchases. 

 

For instance

Case 1 I am a unregistered supplier I am supplying goods to my recipient in this case whether who have to pay GST RCM will applicable whom?


case 2 ,goods received from unregisistered person whether I should have to pay GST of RCM or my supplier??


as per current GST rules RCM is not placed?
1. If the receipient is registered then RCM is applicable and receipient has to pay GST under RCM

2. Yes. If you are registered then you have to pay GST under RCM .

if both are unregistered then it is not required to pay GST under RCM
Some people tells to me there is no RCM rules nowadays not applicable it is true or not sir? what are the situations the RCM not applicable
It depends on various factors like turnover of both parties

RCM does not apply to all supplies received from an unregistered person. 

As per Section 9(4) of CGST Act, 2017 and Section 5(4) of IGST Act, 2017, any supply of goods or services from an unregistered supplier to a registered supplier will attract RCM in the hands of the registered person. 

But this provision was put on hold by Notification No. 38/2017- Central Tax (Rate) dated 13.10.2017. And RCM will apply in the above cases only in specified instances provided by the govt.  

👍🏻👍🏻
RCM ARE OF TWO TYPE U/S 9(3) & 9(4).
BOTH HAVE SPECIFIED LIST ON WHICH RCM REQUIRED TO PAY .

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