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Issue ID : 118324
- 0 -

applicabiity of RCM

Date 13 Jan 2023
Replies6 Answers
Views 1854 Views
Asked By

my query is-for what period RCM is payable on purchase of wood from unregistered delars for manufacturing of ply board in up sgst act 2017.further in F.Y-2022-23 RCM is payable or not.

6 answers
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- 0
Replied on Jan 14, 2023
1.

Under Notification No.4/2017-Central Tax (Rate) (as amended from time to time, till date), there is no mention of 'wood' - as specified goods - where liability to pay GST under RCM u/s 9 (3) of the CGST Act, 2017 is notified.

W.r.t. your query about UP SGST Act, 2017, "generally speaking", it should be replica of above-said Notification No.4/2017-Central Tax (Rate) (as amended from time to time, till date). But, one needs to check relevant notifications under UP SGST Act, 2017 before reaching any conclusion.

These are ex facie views of mine and the same should not be construed as professional advice / suggestion.

- 0
Replied on Jan 14, 2023
2.

Wood is under FCM. See 4403, 4407, 4408, 4409, 4410 and all these attract GST @ 18%.

- 0
Replied on Jan 14, 2023
3.

A composition dealer cannot purchase from un-registered person.

- 0
Replied on Jan 14, 2023
4.

With regards to reply of kasturi Seth sir my query is related to registered dealer. It is manufacturing unit

- 0
Replied on Jan 14, 2023
5.

Re-examined. I agree with Sh.Amit Agrawal Sir. My reply at serial no.3 above may pl.be treated amended in the light of reply of Sh.Amit Agrawal, Sir.

- 0
Replied on Jan 15, 2023
6.

Initially when GST was implemented there was liability under RCM w.r.t. purchases from unregistered persons. This was later amended to be removed during Oct '17 and presently there is no such liability under RCM for the present kind of transaction.

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