In GST Tax Regime Reverse charge is applicable to Supply and supply includes both i.e. Goods as well as Services, If we talk about RCM in case of Goods then the recipient of goods is liable to pay tax under RCM scheme ,hence we can say that it is the different tax system than the normal system which are not in any previous tax regime hence the tax calculation and tax payment system is differ form others so here we discuss the Time of supply as per sub- section 3 of section 13 of the Act and the cases where the RCM is applicable as per notification issue by Govt. on recommendation of the council under GST, where the recipient who is liable for pay tax, of the goods and supplier of Goods and Particulars of goods which are liable for RCM.
Time of Supply under Reverse Charge
Section 12(3) time of supply in case of RCM
Time of supply shall be Earliest of following dates in a) or b) or c):
a) The Date of the Receipts of Goods
b) The Date of payment as entered in to Books of Account or Payment which is earlier *
c)The Date immediately following 30 days from date of issue of invoice or any other documents or any other proof valid , by supplier
Proviso Provided that if Time of supply not decided with help of above section then date of supply is Entry in books of Accounts of recipient of supply
*This point is no more applicable based this Notification No. 66/2017 – Central Tax issued on 15.11.2017
Following are case of RCM in case of Goods under notification No. 4/2017-CT/ 13/2017-UTT and 10/2017 of IT.
Particulars of Goods |
Supplier of Goods |
Recipient of Supply |
Cashew nuts, not shelled or peeled |
Agriculturist |
Any Registered Person |
Tobacco Leaves |
Agriculturist |
Any Registered Person |
Bidi Wrapper Leave |
Agriculturist |
Any Registered Person |
Silk Yarn |
Any Person Who Manufactures silk Yarn or silk worm cocoons from supply of silk yarn |
Any Registered Person |
Used Vehicles, seized and confiscated goods, old and used goods, waste and scrap |
CG/ SG /UT or Local Authority |
Any Registered Person |
Lottery |
SG/ UT or any Local Authority |
Lottery Distributor or selling Agents |
Lottery from State or UT/ Local Authority to Agent then Agent is liable to pay tax at that time GST is 12% but not from others at that time GST is 28%.
For Services : http://etaxupdates.com/rcm/
Thanks for share.
Can i ask my doubt???
I am the sub agent of main distributer then what is the GST implementation??
Can i pay GST or receive GST??
If lottery distribution by SG or local authority then you do not have to pay tax…
Other wise you have to cover in GST
Here only lottery is covered or any other things which are 30% tax stab rate under Income Tax.?
Yes… only lottery is covered… not any other speculation activity