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
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Expand ❯❯
Close ✕
🔎 News - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Category: ?
Categorized by AI
---- All Categories ----
  • ---- All Categories ----
  • Income Tax
  • GST
  • Customs, DGFT & SEZ
  • FEMA & RBI
  • Corp. Laws, SEBI & IBC
  • PMLA, Black Money & ED
  • Budget
  • News and Press Release
  • PTI News
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
    Insolvency and Bankruptcy Amendment Bill 2025
    NEWS SCHEDULE
    India 'bit recalcitrant' on trade negotiations: US Treasury Secy Bessent
    Stock markets climb in early trade as steady US inflation data fuel global rally
    Rupee falls 6 paise to 87.69 against US dollar in early trade
    Cabinet approves Investment Proposal for construction of 700 MW Tato-II Hydro Electric Project in Shi Yomi District of Arunachal Pradesh with an outla...
    PM Modi likely to visit New York for UNGA session next month
    US national debt reaches a record USD37 trillion, Treasury Department reports
    Trump administration calls out human rights records of some nations accepting deported migrants
    Sebi bans DHFL's Kapil Wadhawan, Dheeraj Wadhawan, 4 more from securities market
    Singaporean firm CapitaLand to invest Rs 9,200 crore in Maharashtra by 2030
    Two travellers held with hydroponic weed, another for wildlife smuggling bid at Mumbai airport
    Delhi govt seeking legal advice over SC's order of clearing power dues to discoms
    Aadhaar authentication to be done for issuing smart cards, passes for new govt buildings
    Suresh Raina to appear before ED on Aug 13 in illegal betting app case
    CM directs officials to ensure transparent, time-bound tender process for all civil works
    Amid protests against SC directive, Delhi govt says it will address street dog issue with empathy
    'Bengal means business,' says TMC MP
    ED conducts fresh searches in case against Sahara Group
    Railways' earnings showed 25.51-pc increase in 2022-23 over previous financial year: CAG

Are you sure you want to delete "My most important" ?

NOTE:

News

Back

All News

Showing Results for : Category : All
Reset Filters
Showing
Records
ExpandCollapse

    News

    Back

    All News

    Showing Results for : Category : AllReset Filters
    Case ID :

    Further clarification on tax in reverse charge on gold ornaments;

    July 14, 2017

    📋
    Contents
    Summary
    Note

    Note

    Note

    Bookmark

    print

    Print

    Further clarification on tax in reverse charge on gold ornaments;

    Sale of old jewellery by an individual to a jeweller will not make the jeweller liable to pay tax under reverse charge mechanism on such purchases;

    However, if an unregistered supplier of gold ornaments sells it to registered supplier, the tax under RCM will apply.

    In the GST Ki Master Class held yesterday, in one of the replies given to an on-the-spot-question, it was informed that purchase of old gold jewellery by a jeweller from a consumer will be subject to GST @ 3% under reverse charge mechanism in terms of the provisions contained in Section 9(4) of the CGST Act, 2017.

    On further examination, it is felt that the issue needs to be clarified.

    Section 9(4) of the said Act mandates that tax on supply of taxable goods (gold in this case) by an unregistered supplier (an individual in this case) to a registered person (the jeweller in this case) will be paid by the registered person (the jeweller in this case) under reverse charge mechanism. This provision, however, has to be read in conjunction with section 2(105) read with section 7 of the said Act. Section 2 (105) defines supplier as a person supplying the goods or services. Section 7 provides that a supply is a transaction for a consideration by a person in the course or furtherance of business.

    Even though the sale of old gold by an individual is for a consideration, it cannot be said to be in the course or furtherance of his business (as selling old gold jewellery is not the business of the said individual), and hence does not qualify to be a supply per se. Accordingly, the sale of old jewellery by an individual to a jeweller will not attract the provisions of Section 9(4) and jeweller will not be liable to pay tax under reverse charge mechanism on such purchases. However, if an unregistered supplier of gold ornaments sells it to registered supplier, the tax under RCM will apply.

    Topics

    ActsIncome Tax