23/08/2017

Reporting of URD transactions aggregating to less than 5000 in a day in GSTR ( Author - HIMANSHU TIWARI )

ndia has implemented GST law w.e.f. July 1t 2017. One of the most dangerous provisions under GST law is tax to be paid on Reverse Charge Mechanism (RCM) on supplies from Unregistered Dealer.

As per section 9(4) of the CGST Act, if a registered person purchases goods/services from an unregistered dealer (URD) then the registered taxpayer is liable to pay GST on reverse charge basis. All the provisions of the Act will apply to such recipient as if he were the person liable for paying the tax in relation to the supply of goods or services.

The above provision means, even a small supply of Rs. 100 from URD will liable for GST under reverse charge. To give relief to small tax payers, government issued Notification No 8/2017 on June 28th, 2017 whereby URD supplies were exempt from GST under reverse charge if the aggregate value of all such supplies does not exceed Rs. 5000 in a day.

The above notification has given relief to small tax payers but it has added one more confusion – whether such supplies are to be declared in GST return. If yes, under which head it should be reported. The one argument is since the government has introduced notification 8/2017 to reduce the difficulties of tax payers; it should not be required to be reported in GST return also. However other argument is, the said notification exempts only from payment of tax and not reporting in GSTR.

I have tried to analyze the legal provisions relating to it. Let’s first see what Notification 8/2017 says:


[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 8- Central Tax (Rate)

New Delhi, the 28th June, 2017

G.S.R. (E)- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Service Tax Act, 2017 (12 of 2017), the Central Government), on being satisfied that if necessary in the public interest so to do, on the recommendations of the Council, hereby exempts intra- State supplies of goods or services or both received by a registered person from any supplier, who is not registered, from the whole of the central tax leviable thereon under sub-section (4) of section 9 of Central Goods and Service Tax Act, 2017 (12 of 2017).


Provided that the said exemption shall not be applicable where the aggregate value of such supplies of goods or services or both received by a registered person from any or all the suppliers, who is or are not registered, exceeds five thousand rupees in a day.

2. This notification shall come into force with effect from the 1st day of July, 2017.

[F.No.354/117/2017-TRU]

The above notification is issued in exercise of powers conferred under section 11 of the CGST Act.

About the author

HIMANSHU TIWARI

CHARTERED ACCOUNTANT
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