Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

Gstr1 in gst rcm topic

bhavisha (accountant) (103 Points)

24 July 2019

Hello,

In gst if we take local transport facility/ service for material received from unregistered supplier. Supplier give a invoice without charges of GST , AS they are not eligible for GST . Invoice value of GST is over and above of Rs. 5000/- shall we (Registered buyer) are liable to pay tax on it?

If yes, Should we apply the RCM on it?

Reply
Follow
Share

7 Replies

Deepak Gupta (CA Student) (15922 Points)
Replied 24 July 2019

First of all you have to separate the two RCM sections, i.e. RCM u/s 9(3) and RCM u/s 9(4).

RCM u/s 9(4) is for unregistered purchase and is no more applicable, irrespective of any limit. Old section has been abolished and has been replaced with a new one, where it is applicable to notified persons and goods, but that’s a separate issue.

Now, RCM u/s 9(3) relates to freight. But it will be applicable if the transporter is a GTA, i.e. Goods Transport Agency, whether registered or unregistered.

But, if the transporter is not a GTA, means does not issue any consignment note or lorry receipt like unorganized sector or individual truck owners, then GST is exempt for both in and outside state.

Further, if the transporter is a GTA but the consideration charged for the transportation of goods in a single carriage does not exceed INR. 1500 and for all goods for a single consignee does not exceed INR. 750, then also GST is exempt.

So, in case of freight, you have to decide accordingly.

Upgrade to CAclubindia Pro. Subscribe Now!

ARIYAA BALA (3 Points)
Replied 24 July 2019

As per the rule u need to pay RCM CALCULATE & PAY CLOSE THE MATTER

bhavisha (accountant) (103 Points)
Replied 25 July 2019

THANKS Deepak , one more query in this regards transporter is GTA, issue the invoice , but they are not registered in GST. what is effect in GSTR / GST. Here RCM is applicable ?