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2018

Section 9 of CGST Act, 2017

Section 9 of CGST Act 2017

Section 9 is the charging section of CGST Act, 2017. It details:

As per CGST Act 2017, there shall be levied a tax called “Goods and Service Tax” on all the Intrastate supplies of goods and services on the value determined u/s 15 of the CGST Act 2017. There is also such exclusion from levying CGST on which GST is levied by the Central government on the recommendation of the council.

Section 9 CGST Act 2017:

There are two types of Charges under GST:

  • Forward Charge: Section 9(1) deals with the forwarding charge.
  • Reverse Charge: Section 9(3) and 9(4) deals with the reverse charge.

What is Forward charge?

Forward charge or direct charge is the mechanism where the supplier of goods or services is liable to pay tax.

Note: Under the current tax system, most transactions are covered under the forward charge mechanism.

Exclusion from GST:-

CGST on the supply of following items has not been levied immediately. It shall be levied with effect from such date as may be notified by the Government on the recommendation of the GST council:

1. Petroleum crude
2. High-speed diesel
3. Motor spirit (commonly known as petrol)
4. Natural gas
5. Aviation turbine fuel

Rates of Tax:

Rate of CGST are 0%, 1.5%, 2.5%, 6%, 9%, 14%. The maximum rate of CGST will be 20%.

What is a Reverse Charge?

In reverse charge liability to pay tax by the recipient of goods or services or both instead of supplier of such goods or services or both. The purpose of applying reverse charge is to increase compliance by unorganized sectors, such as transport, and to increase tax revenues.

There is two type of reverse charge in GST Law.

First is dependent on the nature of supply and/or nature of the supplier. This scenario is covered by section 9 (3) of the CGST Act 2017.

The government has notified the following categories of services wherein whole of the CGST shall be paid on reverse charge basis by the recipient of services:

  • Supply of Services by a goods transport agency (GTA)
  • Services supplied by an individual advocate including a senior advocate.
  • Services supplied by an arbitral tribunal.
  • Services provided by the way of sponsorship.
  • Services provided by Central Government, State government, a Union territory or local authority to a business entity.
  • Services provided by the director of a company or body corporate to the said company or body corporate.
  • Services provided by the insurance agent.
  • Services provided by the recovery agent.
  • Services provided by the author, music composer, photographer, artist.

The second scenario is covered by section 9 (4) of the CGST Act where taxable supplies by any unregistered person to a registered person.

Intra-state supply of taxable goods or services or both by an Unregistered supplier to a registered person are exempt from CGST provided the aggregate value of such supplies of goods or services or both by the registered person from any or all the unregistered suppliers does not exceed Rs. 5000 in a day.

Point to be Considered for the RCM:-

Registration Compulsory to pay tax under reverse charge.
A supplier cannot take ITC of GST paid on goods or services used to make supplies on which the recipient is liable to pay tax.
Self-invoicing is to be done.

Who is Electronic commerce, operator?

Electronic commerce operator display products or services which are actually supplied by some other persons to the consumer on their electronic portal. The consumer buys such goods or services through these portals. On placing the order for a particular product the actual supplier supplies the product or services to the consumer. The price for the product or service is collected by the ECO from the consumer and passed on to the actual supplier after the deduction of the commission by the ECO.

In short “Electronic commerce operator” means any person who owns, operates or manages the digital or electronic facility or platform for electronic commerce.”

For Example Amazon, Flipkart, Myntra, Shopclues is E-commerce operator because they are facilitating actual suppliers to supply Goods through their platform.

What is Electronic commerce?

Electronic commerce” means the supply of goods or services or both, including digital products over the digital or electronic network.

Persons liable to pay GST when services supplied through ECO:

The Government may, on the recommendations of the GST Council, by notification, specify categories of services the tax on Intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through ECO, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services.

Where an electronic commerce operator (ECO) does not have a physical presence in the taxable territory – The person representing ECO shall be liable to pay tax:

Where an electronic commerce operator (ECO) does not have a physical presence in the taxable territory and also he does not have a representative in the said territory – In such case, ECO shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax.

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