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GST – Time of Supply

December 23, 2017

Discussion by:
CA Gaurav Gupta
FCA, LLB, DISA
Author
– GST – Law & Practise
- Service Tax – Law & Practise
GST – The Framework

• Who shall pay Taxable Person

• On what GST shall be paid Supply of Goods and


services – Section 7

• When GST shall be paid Point of Supply

• Where shall GST be paid Place of Supply

• To whom shall it be paid Respective Government

• How to Pay Cash / Credit

Practical Aspects of GST Gaurav


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Time of Supply of Goods
Time of Supply of Goods

Date of issue of invoice or last


date on which the invoice was
required to be issued
Generally Earlier of

Date of receipt of payment


Time of supply
of goods

Date of receipt of goods

Reverse Charge Earlier of Date of payment

Date immediately following 30


days from the date of issue of
invoice

Practical Aspects of GST Gaurav


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Time of Supply of Goods

Date of issue of voucher, if the supply is


identifiable at that point

Supply of vouchers

Date of redemption of voucher, in all


other cases
Time of Supply

In case of receipt of additional value of


supply in form of interest, penalty, late fee
In case where a periodical return has to
be filed, the date on which such return is
to be filed

Residual

In any other case, the date on which


CGST/SGST is paid

Practical Aspects of GST Gaurav


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Time of Supply of Goods –
Last date for issue of invoice
Goods removed Date of removal
With respect to
removal
Last date of issue of invoice

Date on which goods are


Goods not removed
made available

statements of accounts
Continuous supply of
or successive
goods payments

before or at the time of


supply
Goods sent on
approval
6 months from the
date of removal

Practical Aspects of GST Gaurav


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Continuous Supply of Goods

Section 2(32) defines “continuous supply of goods” means a supply of goods


which is provided, or agreed to be provided, continuously or on recurrent basis,
under a contract, whether or not by means of a wire, cable, pipeline or other
conduit, and for which the supplier invoices the recipient on a regular or
periodic basis and includes supply of such goods as the Government may,
subject to such conditions, as it may, by notification, specify;

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Continuous Supply of Goods

Notification No. 40/2017 – Central Tax dt. Oct 13, 2017

registered person whose aggregate turnover in the preceding financial year did
not exceed one crore and fifty lakh rupees or the registered person whose
aggregate turnover in the year in which such person has obtained registration
is likely to be less than one crore and fifty lakh rupees and who did not opt for
the composition levy under section 10 of the said Act as the class of persons
who shall pay the central tax on the outward supply of goods at the time of
supply as specified in clause (a) of sub-section (2) of section 12 of the said Act
including in the situations attracting the provisions of section 14 of the said Act,

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Time of Supply of Services
Time of Supply of Services
the date of issue of invoice by
the supplier or
In case invoice issued within
prescribed time, earlier of -

the date of receipt of payment


Time of supply

the date of provision of service


of services

a)In case invoice is not issued


within prescribed time, earlier of-

the date of receipt of payment

When due date of payment is


ascertainable, on or before the
due date of payment;

a.else, date of receipt of


Continuous supply of Services
payment;

Where the payment is linked to


the completion of an event, date
of completion of that event.

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Time of Supply of Services
Supply ceases before
time when the supply ceases
completion

the date of payment


Time of Supply of

Reverse charge
the date immediately following
60 days from the date of issue of
Services

invoice

Date of issue of voucher, if the


supply is identifiable at that point

Supply of vouchers

Date of redemption of voucher,


in all other cases

In case where a periodical return


has to be filed, the date on
which such return is to be filed
Residual

In any other case, the date on


which CGST/SGST is paid

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Continuous Supply of Services
Section 2(33) “continuous supply of services” means a supply of services which is
provided, or agreed to be provided, continuously or on recurrent basis, under a
contract, for a period exceeding three months with periodic payment obligations and
includes supply of such services as the Government may, subject to such conditions,
as it may, by notification, specify;

Additional Consideration
Section further provides that the time of Supply to the extent it relates to an addition in
the value of supply by way of interest, late fee or penalty for delayed payment of any
consideration shall be the date on which the supplier receives such addition in value.
Thus, any additional consideration for any supply of services shall be taxable at the
time when such additional considerartion is received.

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Time of supply – rate change
Supply Issue of invoice Receipt of payment Time of supply
Before the change in rate After the change in rate After the change in rate Date of receipt of
of tax of tax of tax payment, or date of issue
of invoice, whichever is
earlier
Before the change in rate Before the change in rate After the change in rate Date of issue of invoice
of tax of tax of tax
Before the change in rate After the change in rate Before the change in rate Date of receipt of
of tax of tax of tax payment
After the change in rate Before the change in rate After the change in rate Date of receipt of
of tax of tax of tax payment
After the change in rate Before the change in rate Before the change in rate Date of receipt of
of tax of tax of tax payment, or date of issue
of invoice, whichever is
earlier
After the change in rate After the change in rate Before the change in rate Date of issue of invoice
of tax of tax of tax
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Thank you

CA Gaurav Gupta

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