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Notification No. 36/2017 – Central Tax (Rate) Explained

by Shakshi Bharti | Apr 26, 2024 | GST, 2017 Notifications, Central Tax (Rate) 2017 Notifications, Notifications | 0 comments

Important Keyword: GST RCM government supply, GST scrap purchase reverse charge, notification 36/2017 explanation, GST used goods RCM India, section 9(3) GST,

Words: 631 Read time: 3 minutes.

[F. No. 354/117/2017- TRU (Pt. III)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)

New Delhi, the 13th October, 2017

Notification No. 36 /2017 - Central Tax (Rate): Seeks to amend notification No. 4/2017-Central Tax (Rate).

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

G.S.R.    (E).- In exercise of the powers conferred by sub-section (3) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.4/2017- Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 676 (E), dated the 28th June, 2017, namely:-

In the said notification,-

(i) after S. No. 5 and the entries relating thereto, the following serial number and the entries shall be inserted, namely: -

TABLE

Sl. No.Tariff item, sub- heading, heading or Chapter  Description of GoodsSupplier of goodsRecipient of supply
(1)(2)(3)(4)(5)
6.Any ChapterUsed vehicles, seized and confiscated goods, old and used goods, waste and scrapCentral Government, State Government, Union territory or a local authorityAny                registered person

(Ruchi Bisht)
Under Secretary to
Government of India


📚 Frequently Asked Questions (FAQs): Notification No. 36/2017 – Central Tax (Rate)

Q1: What is Notification 36/2017 in GST?

Answer:
It brings certain supplies by government under reverse charge mechanism.
This means the buyer (registered person) has to pay GST instead of the government supplier.

Q2: Which goods are covered?

Answer:
Used vehicles, scrap, seized goods, and old goods.
These goods can belong to any category under GST.

Q3: Who pays GST under this notification?

Answer:
The registered buyer.
Government does not collect or pay GST in such cases.

Q4: Is this applicable to all buyers?

Answer:
No.
Only registered persons are liable under RCM.

Q5: Can ITC be claimed?

Answer:
Yes, if used for business purposes.
After paying GST under RCM, ITC can be claimed subject to conditions.

Q6: Is GST shown on invoice?

Answer:
No.
Government usually issues invoice without GST, and buyer pays separately.

Q7: Under which section is this covered?

Answer:
Section 9(3) of CGST Act.

Q8: Does this apply to services?

Answer:
No.
This notification applies only to goods.

Q9: What happens if GST is not paid under RCM?

Answer:
Tax demand, interest, and penalties may arise.

Q10: Is this still applicable today?

Answer:
Yes.
RCM on such government supplies continues unless specifically amended.

Q11: Is payment allowed through ITC?

Answer:
No.
RCM liability must be paid in cash.

Q12: Why was this system introduced?

Answer:
To simplify GST compliance for government and ensure tax collection from organised businesses.


Download PDF: Notification No. 36/2017 – Central Tax (Rate)


More Information: https://taxinformation.cbic.gov.in/

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