TDS on Purchase of Metal Scrap (Regd) + RCM on Purchase of Metal Scrap (URP )

TDS on Purchase of Metal Scrap (Regd) + RCM on Purchase of Metal Scrap (URP )

TDS on Purchase of Metal Scrap (Regd) + RCM on Purchase of Metal Scrap (URP )

RCM – GST on Metal Scrap Purchase from Unregistered Persons,

Also TDS Starts for  Same Metal Scrap Purchase from Registered Suppliers

This is a Big News. First Time Ever. Govt has started 2% TDS on Purchase of Metal Scrap from Registered Persons.. + Also RCM GST on Purchase from URP

Note there are TWO separate NEW ITEMS…. they are related but NOT SAME.

We start with the First one : RCM

This has come up with the introduction of Notification No. 06/2024-Central Tax (Rate), dt 8th Oct 24

All businesses involved in metal scrap PURCHASE should take immediate steps to comply with the reverse charge mechanism provisions.So, Starting from October 10, 2024, registered persons purchasing metal scrap from unregistered sellers must ensure that the appropriate GST is paid under RCM.

Notification No. 06/2024-Central Tax (Rate): Amendments to GST on Metal Scrap

Date of Notification: October 8, 2024
Notification No.: 06/2024-Central Tax (Rate)
Effective Date: October 10, 2024
Issued by: Ministry of Finance (Department of Revenue), Government of India

Key Dates:

EVENT DATE
Notification Date October 8, 2024
Effective Date October 10, 2024
Deadline for Compliance Ongoing from October 10, 2024

The metal scrap industry often involves transactions between unregistered suppliers and registered businesses. By mandating that registered recipients must pay the GST under RCM, the government aims to bring more transparency and compliance to this sector, preventing revenue leakages.


The source of this is the Recommendation of the GST council in 54th Meeting

The 54th GST ( Goods and Services Tax ) council meeting held on 9th September 2024 has recommended 2% TDS on the supply of metal scrap by registered persons in B to B supply. It had provided the clarifications on the RCM. The meeting was presided by the Finance minister Nirmala Sitharaman.

The Council has recommended the introduction of the Reverse Charge Mechanism (RCM) on metal scrap transactions

Under this new provision, when a metal scrap supplier is unregistered AND HE supplies to a registered entity,the recipient (buyer) will be liable to pay tax under RCM.

This is to bring these transactions in GST Net…. Since the unregistered Scrap dealers were slightly a GREY AREA

New Accounts required in your Finsys ERP / Tally / any Accounting package

Either create Three new accounts to create in your books

CGST RCM Payable ( Scrap )

SGST RCM Payable ( Scrap )

IGST RCM Payable ( Scrap )

CGST RCM ITC Receivable ( Scrap )

SGST RCM ITC Receivable ( Scrap )

IGST RCM ITC Receivable ( Scrap )

or you can continue with your current generalised RCM Accounts also… if you can manage with them

Specifically, under the new amendment, unregistered persons selling metal scrap (falling under categories 72, 73, or 81) will be subject to the reverse charge, meaning the registered buyer will be responsible for paying the GST instead of the seller.

Read more at: https://taxguru.in/goods-and-service-tax/gst-reverse-charge-mechanism-rcm-metal-scrap.html
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Source Links

Link 1 : Govt GST Site : https://taxinformation.cbic.gov.in/view-pdf/1010100/ENG/Notifications

Link 2 : https://taxguru.in/goods-and-service-tax/gst-reverse-charge-mechanism-rcm-metal-scrap.html

Notification No. 06/2024-Central Tax (Rate) | Dated: 8th October, 2024 G.S.R. 614(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 further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), notification No. 4/2017-Central Tax (Rate), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub­section (i), vide number G.S.R. 676(E), dated the 28th June, 2017, namely:-

In the said notification, in the Table, after S. No. 7 and the entries relating thereto, the following S. No. and entries shall be inserted, namely: – 2. This notification shall come into force on the 10th day of October, 2024. (1) (2) (3) (4) (5)

“S No 8.

Chapters 72, 73, 74, 75, 76, 77, 79, 80 or 81 Metal scrap

Seller = Any unregistered person

Buyer = Any registered person.

Now the second topic…… A new GST TDS of 2% will be applicable on supply of metal scrap by registered person in B to B supply.

Note : Income tax TDS will be zero upto 50 lakhs.. since this is not a service… and will be 0.1% after Rs 50 lakhs year purchase

But…. this GST TDS will start from Rs 2,50,000 per contract onwards…..

TDS of 2% to Be Applicable on Supply of Metal Scrap by Registered Person in Case of B2B Supplies | Notification

The CBIC has issued notification to provide that any registered person receiving supplies of metal scrap shall deduct TDS of 2% on B2B transaction. This notification shall be applicable from 10th October, 2024.

GST is in the eighth year of its implementation.  When the CGST Act was enacted in 2017, Section 51 contained the provisions of TDS. But this section was made applicable only w.e.f 01.10.2018. Section 51 of the CGST Act causes obligation on the recipient of the supplies (deductor) to deduct some percentage as tax at source from the payments to be made to supplier (deductee) and pay it to the Government.

Till now , upto now, from July 2017 to September 2024 ….. the provisions were made applicable only to government bodies and PSUs.

However, clause (d) of section 51(1) empowers the government to notify any other category for the purpose.

A TDS of 2% will be applicable on supply of metal scrap by registered person in B to B supply.

NOTIFICATION New Delhi, the 9th October, 2024. No. 25/2024-Central Tax G.S.R. 629(E).— In exercise of the powers conferred by sub-section (3) of section 1 read with section 51 of the Central Goods and Services Tax Act, 2017 (12 of 2017), hereafter in this notification referred to as the said Act, the Central Government, on the recommendations of the Council, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue No. 50/2018-Central Tax, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R 868 (E), dated 13th September, 2018, namely:– In the said notification, (i) after clause (c) and before the first proviso, the following clause shall be inserted,-

“(d) any registered person receiving supplies of metal scrap falling under Chapters 72 to 81 in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), from other registered person”;

(ii) for the third proviso, the following proviso shall be substituted, namely- “Provided also that nothing in this notification shall apply to the supply of goods or services or both, which takes place between one person to another person specified under clauses (a), (b), (c) and (d) of sub-section (1) of Section 51 of the said Act, except the person referred to in clause (d) of this notification.”

>>>> means Registration is mandatory for the Supplier and he cannot take exemption under this 2017 notification

2. This notification shall come into force with effect from the 10th day of October, 2024. [F No. CBIC-190354/149/2024-TO(TRU-II)] AMREETA TITUS, Dy. Secy.

Note:- The principal notification no. 50/2018- Central Tax, was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R 868 (E), dated 13th September, 2018 and last amended vide notification no. 73/2018-Central Tax, number G.S.R 1250(E), dated 31st December, 2018.

Read more at: https://taxguru.in/goods-and-service-tax/gst-tds-applicable-metal-scrap-supplies.html#
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New Accounts required in your Finsys ERP / Tally / any Accounting package

Three new accounts to create in your books

CGST TDS Payable

SGST TDS Payable

IGST TDS Payable

And a New return to file every month GSTR7

name of this return is GSTR-7

And

 

Last date of GST TDS Deposit is 10th of next month

So, yes, GST TDS on Purchase of Metal Scrap if Regd vendor, and GST RCM if Purchased from Unregistered Vendor