Reverse Charge — The applicant seeking an advance ruling in respect of the following questions.

1. Whether the exemption from payment of GST on reverse charge basis under section 9(4) of the CGST Act SGST Act for receipt of supply of goods and / or services by us from an unregistered person is applicable irrespective of any threshold limit right from 01-07-2017 vide Notification No.8/2017 dated 28.06.2017 read with Notification 38/2017 dated 13-10-2017?

2. Whether any action for recovery of tax under section 9(4) of CGST Act or corresponding provision of SGST Act can be initiated if such tax is not paid for a period from 01-07-2017 to 12-10-2017 within the respective due dates?

3. Whether interest on the delayed payment of CGST / SGST under section 9 (4) of the Act is applicable, when such tax on the relevant transaction/s has been kept on hold till 30-09-2019 by virtue of Notification No. 22/2018 - Central Tax (Rate) dated 06-08-2018?

4. Whether the circular dated 2nd May 2018 (citd supra) will have any effect of taxation including interest on the transaction dated 31st August 2017

Held that—
we find no difficulty in arriving at the conclusion that there is nothing to show that the amendment notification No.38/2017 would have retrospective effect and therefore we find that the provisions of RCM u/s.9(4) of the CGST Act are applicable, irrespective of any threshold limit, right from 01.07.2017. Thus the benefit of exemption from payment of tax on RCM as provided u/s. 9(4) of the GST Act is not applicable from 01.07.2017 as claimed by the applicant. The RCM is applicable on the transactions effected from 1.7.2017 to 12.10.2017.

Question no. 2,3,4 not answered since the question has been withdrawn by the applicant.—Famous Studios Ltd., In Re…. [2018] 07 TAXLOK.COM 103 (AAR-Maharashtra)