Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Articles

Back

All Articles

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
Sort By:
Relevance Date

Case where the responsibility of the supplier under GST is shifted on to the buyer

Ganeshan Kalyani
GST Reverse Charge: Buyers to Pay GST on Goods, Services from Unregistered Suppliers; Self-Invoice and E-Way Bill Required. The article discusses the shift of GST responsibility from suppliers to buyers under the reverse charge mechanism. Buyers must pay GST on certain goods and services, such as legal consultancy and goods transport, when received from unregistered suppliers. Buyers must issue self-invoices for these transactions and can consolidate invoices monthly, except for specific services. Input tax credit is contingent on supplier compliance. Buyers must generate e-way bills for purchases from unregistered suppliers, which can be challenging. Importing goods or services requires buyers to pay GST. For construction, contractors must include the value of free supplies in the contract for GST purposes. (AI Summary)

1.Reverse charge mechanism:

A registered buyer is liable to pay tax under reverse charge basis on certain specified goods and services. The specified services includes legal consultancy service, goods transport agency etc. and the specified goods includes cashew nuts, silk yarn, lottery etc. The person whose supply is covered under the specified list of goods or services for which the tax is paid by buyer, the supply is exempted from registering himself under GST.

A buyer is liable to pay tax under reverse charge in case of receipt of specified goods or services or both from an unregistered person. And all the provisions of the Act shall apply to the buyer as if he is a person liable for paying the tax in relation to the supply of goods or services or both. Previously the buyer was liable to pay GST under reverse charge on purchase of any goods or services or both from an unregistered person.

2. Self invoice:

A registered person who is liable to pay tax under reverse charge should issue an invoice in respect of goods or services received by him. The invoice so prepared is not required to be given to the supplier. The buyer should prepare it and keep it with him. A registered buyer can raise one consolidated invoice for a month in respect of specified goods or services received during the month from an unregistered supplier. And in case of buyer receiving specified goods or services like legal consultancy service such facility of consolidated invoice is not available.

3. Input tax credit:

A registered person can claim input tax credit if the supplier uploads the details and files the return and the tax is also been paid by him. This provision requires the buyer to do follow up with the supplier to ensure that he has does the compliance. If supplier does not comply then buyer is denied the credit. The details so uploaded by the supplier should appear in GSTR-2A of the buyer. This means that supplier has to correctly show the details in B2B section. If he mistakes to show it in B2C section of GSTR-1 then it won't appear in 2A report. In that case it would be difficult to prove the authority that detail is uploaded by the supplier and that the credit should be granted.

4. E-way bill in case of purchase from an unregistered person:

The e-way bill provision first casts the responsibility to generate e-way bill on the supplier of taxable goods and then on the buyer and lastly on the transporter. And in case of purchase of goods from an unregistered person the registered buyer has to generate the e-way bill. This would be difficult in certain cases when the buyer is not aware of exact value of the goods. But in such cases the buyer is held responsible and penalty may also be imposed.  

5. Import of goods or services:

A registered buyer importing taxable goods from a foreign vendor is liable to pay tax to clear the goods. And in case of import of service the tax is payable by the receiver.

6. Goods supplied free of cost to the contractor to incorporate it in the construction:

The contractor has to add the value of free supplies made by the recipient to the contract value to charge GST. Though in service tax the Bhayana Builders case clarifies that free supplies should not be added to the contract value the controversy may arise in GST. The notice may be issued in this regard as the provision is clearly defined to includes such costs.

In all the above cases, the registered buyer has being held responsible for the compliance which generally the supplier is supposed to do.

answers
Sort by
+ Add A New Reply
Hide
+ Add A New Reply
Hide
Recent Articles