ITC claim from purchase from urd
Amit Singh (15 Points)
04 July 2021
can I claim ITC regarding purchase from unregistered dealer under rcm basis?
5 Replies
Shivam RC
(Student)
(23683 Points)
Replied 04 July 2021
After the CGST ( Amendment ) Act 2018, RCM U/s 9(4) of the CGST Act 2017 i. e. RCM on Purchase from URD is applicable only on notified goods and on notified suppliers. As of now only Real Estate Sector materials like cement, other materials etc purchased from URD is notified for RCM U/s 9(4) to the promoter/builder.
So if you are dealing in Real Estate Transaction and procured taxable goods from URD, then you are required to pay GST under Reverse Charge Mechanism basis by raising Self Invoice U/s 31(3) clause (f) of the CGST Act 2017 and "you can claim ITC" on the basis of this Self Invoice ( documentary evidence/requirements ) as per the Provision of Rule 36(1) clause (b) of the CGST Rules 2017.
So if you are dealing in Real Estate Transaction and procured taxable goods from URD, then you are required to pay GST under Reverse Charge Mechanism basis by raising Self Invoice U/s 31(3) clause (f) of the CGST Act 2017 and "you can claim ITC" on the basis of this Self Invoice ( documentary evidence/requirements ) as per the Provision of Rule 36(1) clause (b) of the CGST Rules 2017.
Imthias ahamed Kormath
(910 Points)
Replied 04 July 2021
But, Buyer will be deposit gst on which supply in the cash deposit register of his gstin portel,it is more helpful to transport of such goods by him and his furtherence supplier without any interference from tax authorities.
Amit Singh
(15 Points)
Replied 04 July 2021
Sir point is also regarding interference of gst officials, notice has been received regarding tax set off through ITC earned from rcm purchase not cash payment .
Imthias ahamed Kormath
(910 Points)
Replied 04 July 2021
As per Section 12(3) of the CGST Act,
2017 in case of supplies of goods in
respect of which tax is paid or liable to be
paid on reverse charge basis, the time of
supply shall be the earliest of the
following dates, namely :-
(a) date of receipt of goods; or
(b) date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or
(c) the date immediately following 30 days from the date of issue of invoice or any other document, or similar other document thereof by the supplier :
2017 in case of supplies of goods in
respect of which tax is paid or liable to be
paid on reverse charge basis, the time of
supply shall be the earliest of the
following dates, namely :-
(a) date of receipt of goods; or
(b) date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or
(c) the date immediately following 30 days from the date of issue of invoice or any other document, or similar other document thereof by the supplier :
Bhavika Kothari
(CA)
(1258 Points)
Replied 19 July 2021
Yes you can. But for that you will have to pay Reverse Charge Mechanism (RCM) liability first
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