There are some monetary disadvantages in dealing with unregistered dealers in Goods and services tax as it will be completely opposite for a beneficial deal for all those registered dealers. There is some persistent question regarding the anonymity of unregistered dealers in the GST. Some of the questions are framed here to acknowledge the general queries regarding the transaction with the unregistered dealer.
Q: What is RCM provision and according to this what are the consequences if the purchase is made from unregistered dealers?
A: RCM provisions stands for reverse charge mechanism which is utilized for the tax payment made by the recipient on the purchase of any good or service. RCM also explains that tax is paid by the opposite party and this is implied in the case of unregistered dealer also. The reverse charge already finds its place in service tax provision and has been included in the GST also making necessary for all the dealers to pay taxes based on reverse charge.
Q: In reverse charge mechanism, what will be the duration of supply in a matter of purchasing of goods?
A: The duration of supply in a matter of purchasing of goods in reverse charge mechanism will be earlier in the following:
The date of receipt of goods or
- Date on which payment is made or
- The date immediately following 30 days from the date of issue of invoice
Now take an example that if a taxpayer’s purchase some goods on 25 July and present the bill on 2nd august and for the same the consideration is paid on 28th august than the provision of RCM will deem 25 July as a time of the supply.
Q: What will be the case in services for the time of supply in RCM?
A: In this case, the following scenario will be applicable:
- The date on which payment is made
- The date immediately following 60 days from the date of issue of invoice
Q: What will be the case for GST paid in RCM whether the credit will be allowed or not?
A: As per the GST provisions, each taxpayer can take the input tax credit but in order to avail the credit of tax paid, first he has to pay the taxes to avail the credit on all those purchases in the next month. In the provisions it is clearly mentioned that GST credit cannot be availed on food and beverages, building, passenger vehicle even if the tax is paid on R.C.M basis that means the burden of such tax shall be borne by the taxpayer.
Recommended: GST Refund Procedure Under Goods and Services Tax India
Q: What changes can RCM bring after the implementation of GST?
A: The RCM can significantly increase the number of taxpayer base in India while it also mentioned that purchases made from an unregistered dealer can prove expensive for the registered dealer. This will be attracting reverse charges in case if any dealers make transactions with an unregistered dealer.
Hi if the registered seller sells goods in GST bill to an unregistered Seller without pan card Aadhaar card and any banking cheques at credit is it safe that the registered seller will have the power to recover the amount he sold the good to that unregistered buyer.
There is no provision in GST to recover the amount from the buyer, it depends on your credibility to recover the amount
Hello, I am an unregistered seller. I am purchasing goods from the registered dealer but I am in doubt that dealer is manipulating tax invoice i.e he is cancelling unregistered buyer bill and amount of GST I am paying as per invoice is getting in his pocket. How may I check is he really cancelling bill of an unregistered buyer?
There is no such option to track transactions made by unregistered dealers.
Dear Sir,
There was some registered sale from July`17 to Nov`17 but due to wrong information, we put these sales to unregistered party in GSTR1 return. can we rectify the same in GSTR1 in next month?
Yes, you can make changes only in next month’s return.
Suppose a registered dealer has purchased goods from an unregistered dealer of other state not knowing the rules that time. what can be done now.
If it is for same tax period, you can deposit the tax under RCM before filing for the return for the tax period. If it relates to earlier tax period, then you can still deposit the tax under RCM with interest and make the changes related to earlier period, in current return.
I am registered supplier. I sales unregistered & composition customers by issue tax invoice, then they are sales return goods, so how can I accounts credit note issue GST charge.
The credit note is required to be issued in this case. separate columns have been provided for mentioning the details of sales return in the return forms.
I sold Goods of Rs 1000 to unregistered Dealer and Charge GST @18%, now he want to return goods of Rs. 500. Can i take material as sale return?? what will be the tax treatment in this case??
Yes, you can take sales return, and you need to issue credit note to customer in this case to lower down the GST liability.