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No GST on sale of old gold jewellery, cars by individuals, clarifies govt

New Delhi: Individuals who want to sell their old jewellery or old vehicles will not have to pay GST  as the sale is not for furthering any business, the Revenue department clarified on Thursday.

On Wednesday,  Revenue Secretary Hasmukh Adhia had said that 'purchase of old gold jewellery by a jeweller from a consumer will be subject to GST at the rate of 3 percent under reverse charge mechanism in terms of the provisions contained in Section 9(4) of the Central GST Act, 2017.'

The Revenue department on Thursday said that the said section has to be read in conjunction with another section and "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."

Representational image. Reuters

Representational image. Reuters

"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 (RCM) on such purchases," it said.

Revenue department officials said the same principal will apply on sale of old cars or two-wheelers and no GST will be payable even though the supply would be for a consideration.

The statement said that 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.

But since the sale is not in consideration for the furtherance of business no tax will apply.

It however said the tax would apply if an unregistered business sells gold ornaments to registered supplier.

"However, if an unregistered supplier of gold ornaments sells it to registered supplier, the tax under RCM will apply," it added.

A supplier is defined as the one who buys or sells in furtherance of his business.


Updated Date: Jul 14, 2017 07:38 AM

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