Whether sale of old Gold eligible to GST under RCM?

Section 9(4) of CGST Act mandates that tax on supply of taxable goods by an unregistered supplier to a registered supplier will be paid by the registered person under RCM. This provision , however, must be read in conjunction with Section 2(105) read with Section 7 of CGST 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 of furtherance of business (as selling of 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 RCM on such purchases . However, if unregistered supplier is in a business of sale of old gold , then tax under RCM will apply.