Question3: Whether composite
dealer/supplier who has purchased inputs from a unregistered dealer is liable to
pay CGST/SGST under RCM or not ?
Answer: Section 9(4) is very clear and specific. It requires deposit of
tax under reverse charge when supply is made by unregistered person to
registered person. There is no differentiation within the section whether the
person is registered as composite supplier or otherwise. So tax is to be charged
in this case by composite supplier. In the GST Council meeting held on
06.10.2017, a decision was taken to postpone the application of Section 9(4) of
CGST Act till 31.03.2018 but no Notification in this regard is issued yet,
therefore, status quo position be maintained. It is to be mentioned here that
application of Section 9(3) is not going to be affected. (Reply dt. 10/10/2017)