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SECOND HAND GOLD JEWELLERY

29 September 2021

what would be gst if I am buying second hand gold jewellery .....

whether it will come into RCM OR MARGIN SCHEME and how invoice will be made?

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4 Replies

CA. Sourav Sarkar (Chartered Accountant ) (24578 Points)
Replied 29 September 2021

The AAR observed that GST is payable only on the margin amount between the sale price and purchase price in cases where gold jewellery is to be sold without any kind of modification. Since, in this case, there is neither any kind of melting of gold jewellery nor any change in form of jewellery

sabyasachi mukherjee (26055 Points)
Replied 29 September 2021

Whether applicant is dealing in second hand goods and tax is to be paid on the difference between the selling price and purchase price as stipulated in rule 32(5) of cgst rules 2017.
if dealer purchases second hand gold jewellery from individuals who are not dealers under the gst and at the time of sale there is no change in the form/nature of goods.
In the case of applicant dealing in second hand goods and invoicing his supplies as second hand goods the valuation of supply of second hand gold jewelleries which are purchased from individuals who are not registered who are not registered under gst and there is no change in the form and nature of such goods as prescribed under sub rule (5) of rule 32 of cgst act.
in case the applicant purchases second hand jewelery from registered person the applicant is eligible to claim input tax credit on such inward supplies buy if he claims the input tax credit against such inward supplies but if he claims the input tax credit he would not be eligible for margin scheme of valuation as prescribed in sub rule (5) of rule 32 of cgst rules.

Imthias ahamed Kormath (910 Points)
Replied 29 September 2021

Second hand gold buying by an individual from a customer in its original form no ipt allowed ,if any proof exist who paid gst ,when purchase from a registered dealer.
At that time a registered dealer purchase second hand gold in its original form from an individual,if any proof exist or not exist,the dealer may claim itc subsidise rate only, purchase invoice ,if not exist proof,rcm gst b deposit in cash ledger on this day,for claim itc,while he made new gold and sell it from old gold ornaments.