The provisions of section 9 (4) of the CGST Act, 2017 deals
with the applicability of Reverse Charge Mechanism,
wherein, the goods or services or both is being procured by the registered
person from the unregistered person.
Due to its wide implication, the said provisions has already undergone
various amendments, however, the entire provisions of section 9 (4) has been
recently substituted by the CGST (Amendment Act, 2018 which
is effective from 1st February, 2019.
The entire stages of the amendment to section 9 (4), along with the
recent substitution, is being explained in the present article.
UNDERSTANDING THE EARLIER PROVISIONS –
As per the earlier provisions of section 9 (4) of the CGST Act,
2017, the central tax in respect of a supply of taxable goods or services
or both by an unregistered person to a registered person shall be paid by the
registered person on a reverse charge basis. However, the said
provisions and the effective date of the provisions has undergone various
amendments, which is being tabulated hereunder –
RELEVANT NOTIFICATION
|
RELEVANT AMENDMENTS
|
Notification no. 8/2017-Central Tax (Rate) dated 28th June, 2017
|
Central tax payable on reverse charge basis on Intra-state supplies of
goods or services or both received by the registered person from the
unregistered person is exempted till an aggregate value of INR 5000 per day.
|
Notification no. 38/2017-Central Tax (Rate) dated 13th October,
2017
|
Entire central tax payable on reverse charge basis on Intra-state
supplies of goods or services or both received by the registered person from
an unregistered person is exempted (i.e. exemption upto INR 5000 replaced and
the entire transaction was exempted) till 31st March,
2018.
|
Notification no. 10/2018-Central Tax (Rate) dated 23rd March, 2018
|
The above exemption was extended till 30th June, 2018
|
Notification no. 12/2018-Central Tax (Rate) dated 29th June, 2018
|
The above exemption was extended till 30th September,
2018
|
Notification no. 22/2018-Central Tax (Rate) dated 6th August,
2018
|
The above exemption was extended till 30th September,
2019
|
In nut-shell as per the earlier provisions, the central tax was payable
by the registered person on reverse charge basis on all the
transactions, wherein, the taxable goods or services or both is received by him
from the unregistered person. However, the said applicability of reverse charge
on registered person was exempted till 30th September,
2019.
AMENDED PROVISIONS AND ITS EFFECT THEREOF –
Vide the Central Goods and Service Tax (Amendment) Act, 2018 effective
from 1st February, 2019, entire section 9 (4) of the CGST Act, 2017 was
substituted. Now, let us understand what the substituted provisions of section
9 (4) says –
‘The Government may, on
recommendations of the Council, by notification, specify the class of
registered persons who shall, in respect of supply of specified categories of
goods or services or both received from an unregistered supplier, pay tax on
reverse charge basis as a recipient of such supply of goods or services or
both, and all the provisions of this Act shall apply to such recipient as if he
is the person liable for paying the tax in relation to such supply of goods or
services or both’
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