SC: Lessee Cannot Challenge Eviction After Landowner Withdraws Plea  ||  SC: Appointment Contrary to Recruitment Advertisement Constitutes Fraud on Public  ||  SC: Bribe Given to Intermediary Alone Insufficient to Establish Public Servant's Guilt under PC Act  ||  SC: AO Cannot Revive Assessment Concluded by Settlement Commission under Income Tax Act  ||  SC: Insurer's Office Location Alone can't Confer Jurisdiction for Claim under MV Act  ||  Calcutta HC: Mutual Consent Divorce Justifies Quashing S.498A IPC Cruelty Case under HMA  ||  Delhi HC: Mere 2-Year Delay in Arbitral Award does not Warrant Setting Aside  ||  Kerala HC: Courts can't Insist on Identifying Unknown Parties in John Doe Suits  ||  Supreme Court: Army Must Prove Disability Was Unrelated to Service to Deny Pension  ||  SC: Grant of Fishing Rights by Deed is a Transfer of Immovable Property, Qualifies as Lease    

Further clarification on tax in reverse charge on gold ornaments- (Press Information Bureau) (13 Jul 2017)

MANU/PIBU/0760/2017

Indirect Taxation

In the GST Ki Master Class held yesterday, in one of the replies given to an on-the-spot-question, it was informed that purchase of old gold jewellery by a jeweller from a consumer will be subject to GST @ 3% under reverse charge mechanism in terms of the provisions contained in Section 9(4) of the CGST Act, 2017. On further examination, it is felt that the issue needs to be clarified.

Section 9(4) of the said Act mandates that tax on supply of taxable goods (gold in this case) by an unregistered supplier (an individual in this case) to a registered person (the jeweller in this case) will be paid by the registered person (the jeweller in this case) under reverse charge mechanism. This provision, however, has to be read in conjunction with section 2(105) read with section 7 of the said Act. Section 2 (105) defines supplier as a person supplying the goods or services. Section 7 provides that a supply is a transaction for a consideration by a person in the course or furtherance of business.

Even though the sale of old gold by an individual is for a consideration, it cannot be said to be in the course or furtherance of his business (as selling old gold jewellery is not the business of the said individual), and hence does not qualify to be a supply per se. Accordingly, the sale of old jewellery by an individual to a jeweller will not attract the provisions of Section 9(4) and jeweller will not be liable to pay tax under reverse charge mechanism on such purchases. However, if an unregistered supplier of gold ornaments sells it to registered supplier, the tax under RCM will apply.

Tags : REVERSE CHARGE   GOLD ORNAMENTS   TAX   CLARIFICATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved