Posted on : - Mar 29, 2018 |
Question |
What is time of supply? |
Answer |
The
time of supply fixes the point when the liability to charge GST arises. It also
indicates when a supply is deemed to have been made. The CGST/SGST Act provides
separate time of supply for goods and services |
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Posted on : - Mar 29, 2018 |
Question |
When does the liability to pay GST arise in respect of supply of goods? |
Answer |
Section12 of the CGST/SGST Act
provides for time of supply of goods. The time of supply of goods shall be the
earlier of the following namely,
(i) The date of issue of invoice
by the supplier or the last date on which he is required under Section 31, to
issue the invoice with respect to the supply; or
(ii) The date on which the
supplier receives the payment with respect to the supply.
However, vide Notification No. 66/2017-Central
Tax dated 15.11.2017, liability to pay tax at the time of receipt of advance
has been relaxed in case of goods. |
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Posted on : - Mar 29, 2018 |
Question |
When does the liability to pay GST arise in respect of supply of services? |
Answer |
Section
13 of the CGST/SGST Act provides for time of supply of services. The time of
supply of services shall be the earlier of the following namely,
(a)
the date of issue of invoice by the supplier if the invoice is issued within
the period prescribed under section 31(2) or the date of receipt of payment
whichever is earlier; or
(b) the date of provision of service, if the
invoice is not issued within the period prescribed under section 31(2) or the
date of receipt of payment whichever is earlier.
(c) the date on which the recipient shows the
receipt of services in his books of account, in case where the provisions of
clause (a) and (b) do not apply. |
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Posted on : - Mar 29, 2018 |
Question |
What is time of supply in case of supply of vouchers in respect of goods and services? |
Answer |
The
time of supply of voucher in respect of goods and services shall be;
a)
the date of issue of voucher, if the supply is identifiable at that point; or
b) the date of redemption of voucher in all
other cases. |
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Posted on : - Mar 29, 2018 |
Question |
Where it is not possible to determine the time of supply in terms of sub-section 2, 3, 4of Section 12 or that of Section 13 of CGST/SGST Act, how will time of supply be determined? |
Answer |
There
is a residual entry in Section 12(5) as well as 13 (5) which says that if
periodical return has to be filed, then the due date of filing of such
periodical return shall be the time of supply. In other cases, it will be the
date on which the CGST/SGST/IGST is actually paid. |
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Posted on : - Mar 29, 2018 |
Question |
What does “date of receipt of payment” mean? |
Answer |
It
is the earliest of the date on which the payment is entered in the books of
accounts of the supplier or the date on which the payment is credited to his
bank account. |
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Posted on : - Mar 29, 2018 |
Question |
Suppose, part advance payment is made or invoice issued is for part payment, whether the time of supply will cover the full supply? |
Answer |
No.
The supply of services shall be deemed to have been made to the extent it is
covered by the invoice or the part payment. However, for goods payment of tax
will need to be made upon date of issue of invoice, irrespective of the fact
whether or not advance or part payment is received. |
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Posted on : - Mar 29, 2018 |
Question |
what is the time of supply of goods in case of tax payable under reverse charge? |
Answer |
The
time of supply will be the earliest of the following dates:
a)
date of receipt of goods; or
b)
date on which payment is made; or
c)
the date immediately following 30 days from the date of issue of invoice by the
supplier. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time of supply of service in case of tax payable under reverse charge? |
Answer |
The
time of supply will be the earlier of the following dates:
a)
date on which payment is made; or
b) the
date immediately following 60 days from the date of issue of invoice by the
supplier. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time of supply applicable with regard to addition in the value by way of interest, late fee or penalty or any delayed payment of consideration? |
Answer |
The
time of supply with regard to an addition in value on account of interest, late
fee or penalty or delayed consideration shall be the date on which the supplier
received such additional consideration. |
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Posted on : - Mar 29, 2018 |
Question |
Is there any change in time of supply, where supply is completed prior to or after change in rate of tax? |
Answer |
Yes.
In such cases provisions of Section 14 will apply. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time of supply, where supply is completed prior to change in rate of tax? |
Answer |
In such cases time of supply will
be
(i) where the invoice for the
same has been issued and the payment is also received after the change in rate
of tax, the time of supply shall be the date of receipt of payment or the date
of issue of invoice, whichever is earlier; (However, for supply of goods
payment of tax need to be made only at the time of issue of invoice in terms of
notification 66/2017- Central Tax dated 15.11.2017) or
(ii) where the invoice has been
issued prior to change in rate of tax but the payment is received after the
change in rate of tax, the time of supply shall be the date of issue of
invoice; or
where the payment is received before the
change in rate of tax, but the invoice for the same has been issued after the
change in rate of tax, the time of supply shall be the date of receipt of
payment; (However for supply of goods payment of tax need to be made only at
the time of issue of invoice in terms of notification 66/2017-Central Tax dated
15.11.2017) |
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Posted on : - Mar 29, 2018 |
Question |
What is the time of supply, where supply is completed after to change in rate of tax? |
Answer |
In such cases time of supply will
be
(i) where the payment is received
after the change in rate of tax but the invoice has been issued prior to the
change in rate of tax, the time of supply shall be the date of receipt of
payment; (However for supply of goods payment of tax need to be made only at
the time of issue of invoice in terms of notification 66/2017-Central Tax dated
15.11.2017) or
(ii) where the invoice has been
issued and the payment is received before the change in rate of tax, the time
of supply shall be the date of receipt of payment or date of issue of invoice,
whichever is earlier; or; (However for supply of goods payment of tax need to
be made only at the time of issue of invoice in terms of notification
66/2017-Central Tax dated 15.11.2017)
(iii)
where the invoice has been issued after the change in rate of tax but the
payment is received before the change in rate of tax, the time of supply shall
be the date of issue of invoice |
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Posted on : - Mar 29, 2018 |
Question |
Let’s say there was increase in tax rate from 18% to 20% w.e.f.1.9.2017. What is the tax rate applicable when services provided and invoice issued before change in rate in July, 2017, but payment received after change in rate in September, 2017? |
Answer |
The
old rate of 18% shall be applicable as services are provided prior to 1.9.2017. |
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Posted on : - Mar 29, 2018 |
Question |
Let’s say there was increase in tax rate from 18% to 20% w.e.f. 1.9.2017. What is the tax rate applicable when goods are supplied and invoice issued after change in rate in September, 2017, but full advance payment was already received in July, 2017? |
Answer |
The
new rate of 20% shall be applicable as goods are supplied and invoice issued
after 1. 9.2017. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time period within which invoice has to be issued for supply of Goods? |
Answer |
As
per Section 31 of CGST/SGST Act a registered taxable person shall issue a tax
invoice showing description, quantity and value of goods, tax charged thereon
and other prescribed particulars, before or at the time of (a) removal of goods
for supply to the recipient, where supply involves movement of goods or (b)
delivery of goods or making available thereof to the recipient in other cases. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time period within which invoice has to be issued in a case involving continuous supply of goods? |
Answer |
In
case of continuous supply of goods, where successive statements of accounts or
successive payments are involved, the invoice shall be issued before or at the
time each such statement is issued or, as the case may be, each such payment is
received. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time period within which invoice has to be issued for supply of Services? |
Answer |
As
per Section 31 of CGST/SGST Act a registered person shall, before or after the
provision of service, but within a period of 30 days from the date of supply of
service, issue a tax invoice showing description, value of goods, tax payable
thereon and other prescribed particulars. For Banking and Insurance companies,
this period is 45 days. For inter-state self-supplies made by bang, insurance
and telecom companies, invoices can be issued before or at the time such
supplier records the same in his books of account or before the expiry of the
quarter during which the supply was made. Further a registered person liable to
pay tax on reverse charge basis is also required to issue invoice on the date
of receipt of goods or services or both. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time period within which invoice has to be issued in a case involving continuous supply of services? |
Answer |
In
case of continuous supply of services, (a) where the due date of payment is
ascertainable from the contract, the invoice shall be issued on or before due
date of payment.; (b) where the due date of payment is not ascertainable from
the contract, the invoice shall be issued before or at the time when the
supplier of service receives the payment.; (c) where the payment is linked to
the completion of an event, the invoice shall be issued on or before the date
of completion of that event. |
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Posted on : - Mar 29, 2018 |
Question |
What is the time period within which invoice has to be issued where the goods being sent or taken on approval for sale? |
Answer |
The
invoice in respect of goods sent or taken on approval for sale or return shall
be issued before or at the time of supply or six months from the date of
removal, whichever is earlier. |
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