Urd to rd

609 views 8 replies

Dear Friends

 

X of Delhi make a supply to Y of Punjab

X is unregistered

Y is registered

Now GST has to be paid by Y under Reverse Charge Mechanism.

My question is that since X made an inter-state supply, is he also required to get himself compulsory registered now under GST even though tax has been paid to government by Y.

 

Regards

Shivani

Replies (8)
Originally posted by : Shivani
Dear Friends

 

X of Delhi make a supply to Y of Punjab

X is unregistered

Y is registered

Now GST has to be paid by Y under Reverse Charge Mechanism.

My question is that since X made an inter-state supply, is he also required to get himself compulsory registered now under GST even though tax has been paid to government by Y.

 

Regards

Shivani

 

CGST under RCM on supplies received from unregistered persons. (if value of supplies does not exceed ` 5000 from any or all the suppliers in a day) Amended vide Notification No. 38/2017 and 10/2018-Central Tax (Rate) Scope of this exemption has been enhanced to all supplies without any monetary limit, by way of an amendment, upto 31.06.2018

 

Notified persons may also be granted an exemption from registration. In this regard, the Government has exempted the following persons from obtaining registration:

(c) Persons effecting inter-State supplies of taxable services – where the aggregate value of supplies on PAN-India basis does not exceed 20 Lakh in a year (10 Lakh for Special Category States) (w.e.f. 13.10.2017) - Notification No. 10/2017 – Integrated Tax dated 13.10.2017.

Yes he is liable to register as per section 20(v) of IGST Act and section 24(i) of CGST Act. 

Originally posted by : CA Shivam Arora
Yes he is liable to register as per section 20(v) of IGST Act and section 24(i) of CGST Act. 

 

Dear Shivam Sir,

As Per Notification No. 10/2017 – Integrated Tax dated 13.10.2017.

He is not required to Registration if his sale Less than the threshold limit i.e. 10/ 20 Lacs ( Depend on state to state )
 

 

Yes he is not required if he is making inter-state supply of services. But it nowhere speaks about exemption for person supplying goods or services  on which tax is payable as per section 5(3).

Dear Ravi

 

Notification No. 10/2017 – Integrated Tax dated 13.10.2017 talks about SERVICES.

in our case if teh supply is of goods, tehn does X needs to compulsory register?

If i go by what Shivam says i.e. Yes then in that case all the small unregistered persons (who deal in goods) if they make an interstate supply will have to get themeselves registered irrespective of the threshold limit of Rs. 20 lakh.

AM i right?

regards

shivani

 

Yes you are absolutely right.

Originally posted by : Shivani
Dear Ravi

 

Notification No. 10/2017 – Integrated Tax dated 13.10.2017 talks about SERVICES.

in our case if teh supply is of goods, tehn does X needs to compulsory register?

If i go by what Shivam says i.e. Yes then in that case all the small unregistered persons (who deal in goods) if they make an interstate supply will have to get themeselves registered irrespective of the threshold limit of Rs. 20 lakh.

AM i right?

regards

shivani

 

Yes 

You are Right


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