Home Case Index All Cases GST GST + AAR GST - 2019 (4) TMI AAR This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 454 - AAR - GSTReverse Charge u/s 9(4) prior to 13.10.2017 - receipt of supply of goods and / or services from an unregistered person from an unregistered person - N/N. 8/2017 dated 28.06.2017 read with N/N. 38/2017 dated 13-10-2017 - section 9(4) of the CGST Act SGST Act - recovery of tax under section 9(4) of CGST Act - interest on the delayed payment of CGST / SGST under section 9 (4) of the Act - Effect of taxation of circular dated 2nd May 2018 including interest on the transaction dated 31st August 2017. Held that:- The applicant has received the tenancy rights from an unregistered person. The agreement was made between the parties on 31.08.2017. The transaction amount is ₹ 54.00 lakhs. The Transfer of tenancy rights in goods or of undivided share in goods without the transfer of titles thereof is treated as supply of services under clause (b) of para I of schedule II of CGST Act 2017. There is no difficulty in arriving at the conclusion that there is nothing to show that the amendment notification No.38/2017 would have retrospective effect and therefore we find that the provisions of RCM u/s.9(4) of the CGST Act are applicable, irrespective of any threshold limit, right from 01.07.2017. Thus the benefit of exemption from payment of tax on RCM as provided u/s. 9(4) of the GST Act is not applicable from 01.07.2017 as claimed by the applicant - thus, the RCM is applicable on the transactions effected from 1.7.2017 to 12.10.2017. The issues, interest on the delayed payment of CGST / SGST and effect of taxation of circular dated 2nd May 2018, are not answered since the question has been withdrawn by the applicant.
|