GST liability on goods and services on purchases from unregistered dealers / service providers under gst
Reverse
charge refers to the liability in order to pay tax by the recipient of
the supply of goods or either services or both instead of the supplier of the
goods or services or both thus under Section 9 (3) or either
Section 9 (4) of the CGST Act, ( Central Goods and Service Tax Act) or
either Section 5 (3) or thus Section 5 (4) of the IGST Act ( Integrated Goods
and Services Tax Act).
Section
9(4) of the CGST Act however provides for the Central Tax in the
respect of the supply of the Taxable goods or Services or either
both which is thus by a supplier who is however not registered, to
a registered person. The Tax is however paid by the registered person
thus as the recipient of the goods and services. Also , all the
provisions of the Act shall however apply to such recipient as if he is
thus the person who is liable for paying the tax.
Thus
, the purpose of this article is to make the reader aware of the GST liability
on goods and services on the purchases from unregistered dealers / service
providers under GST .
If
we thus examine the above provision of the GST Liability in order
to pay GST under the reverse charge on the purchases or the services that
are however procured from un registered dealers or the service providers,
the Liability has thus been shifted from the supplier of the goods or the
provider of services thus to the receiver of the goods or either the
receiver of the services if he is thus a registered person.
On
our further understanding of the provisions, it will thus be clear
that it is however the liability of the person who is receiving the goods
and services and also utilising them for the business or either for the
furtherance of business. All the business organisations whether they are small
or big will however have urgencies and also necessity in order to
use the services of the small time vendors, service providers, and also
the services of a skilled man power who will however be un
organised sector and also thus will not have registration under GST.
Also
, Every registered person who is however availing the services from
a non registered dealer or is either purchasing goods from un registered dealer
is thus required to pay the GST under the respective HSN Code which is
of the Service / Goods by thus raising an Invoice. It thus means all the
registered persons, which are however liable for the GST for un
registered services/ goods are thus in order to raise the Invoice on the self
and also file returns in order to take Input Tax Credit.
This
will thus be considered as an additional activity for the registered dealers
who are also liable in order to pay GST under the reverse charge
mechanism and are also supposed to know the rate of the GST and thus also the
HSN code for each and every category of the service or the goods
procured.
Also
, the Usual practice of the industry is thus in order to ascertain the
service category and the HSN code for the Goods which are produced
or the Services which are rendered by that industry for the purpose of
billing. But the effect of the reverse charge under the GST will
thus make all the Tax Payers in order to know the rate of GST and also
the HSN codes for all the purchases and services ( un registered). So thus an
expert advice will however be mandatory for all the GST payers. Also , a
small size business house/ SME/ distributor who thus has employed
an accountant, needs to take the services of an expert.
Also
, All most all of the emergency purchases and also the small repair and
the plumbing works and the services that are however done by
un registered persons. Hence the liability in order to pay GST will
however fall on the registered person who thus has availed these services
or has either procured the goods. It also thus means that the SMEs/
business organisations are however forced in order to incur an
additional tax liability, compliance, ( cash flow) on thus
these procurements from which is for an un registered person.
Thus
, by this activity it is however the tendency of the business in order to
reduce the purchases from the unregistered persons or either to
avoid the services from un registered persons.
Also
, If the industry/ business houses/ SMEs however stop the services of un
registered person, there will thus not be any kind of purchases from the
small time vendors, or either utilization of the services from the
skilled man power who are thus self employed and also not
registered.
GST
is thus paid by the recipient under the reverse charge on however
some of the purchases or the services from un registered persons, may however
thus be available for the Input Tax Credit, but also not on all the goods
and the services are however paid under the reverse charge, as
there are thus restrictions and conditions for the Input Tax Credit.
Thus
, Implementation of GST is however evident and also the industry has a
very short time to look for the alternatives or to either
change a vendor. It is thus the testing time for all till one however
sees a clear path ahead.
Legal
Raasta , an online web portal which
provides more than 100+ legal services has built however an
extremely easy-to-use and an intuitive software for GST . However , the
founders of LegalRaasta a startup which provides legal services aims at easing
the difficulties related to GST by providing many services . Choosing
LegalRaasta is beneficial as:
1.
It has , 30+ offices in India
2.
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3.
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4.
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Some
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1.
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And , also provides many more services.
This article has been contributed by Simmi Setia, Content Writer at LegalRaasta, an online portal for GST Software, GST Return Filing, GST Registration, Section 8 Company Registration, Nidhi Company Registration, IEC Registration, Fssai License, File ITR Online.
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