Important Keyword: GST RCM government supply, GST scrap purchase reverse charge, notification 36/2017 explanation, GST used goods RCM India, section 9(3) GST,
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Table of Contents
[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 Goods | Supplier of goods | Recipient of supply |
| (1) | (2) | (3) | (4) | (5) |
| 6. | Any Chapter | Used vehicles, seized and confiscated goods, old and used goods, waste and scrap | Central Government, State Government, Union territory or a local authority | Any 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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