Page 12 - Chapter 5 TOS
P. 12

07:  Sec 13(3): TOS of Services under Reverse Charge

         Q.11
                  Determine the time of supply in the following cases assuming that GST is payable under reverse
        charge: [Study Mat]
         S.    Date of payment by recipient for supply of        Date of issue of invoice   Date of issue of invoice

         No.  services                                           by supplier of services    by Recipient of services,

                                                                                           if supplier is unregistered

          (i)  August 10                                                 June 29                       -

          (ii)  August 10                                                 June 1                       -

         (iii) Part payment made on June 30 & balance                    June 29
                                                                                                       -
               amount paid on September 1

             (iv) Payment is entered in the recipient's books             June 1
               of account on June 28 & debited in recipient's                                          -
               bank account on June 30

          (v)  Payment is entered in the recipient's books of            June 29



               account on June 30 and debited in recipient's                                           -

               bank account on June 26
         (vi) August 10                                                     -                      August 5
        Answer:
        Legal Provision:- If supply of services is liable under reverse charge, then time of supply of services shall be the
        earliest of the following dates: [Sec 13(3)]
            a)  Date of payment by recipient (i.e., earlier of book entry or debit to bank)
            b)  61st day from supplier's invoice, in cases where invoice is required to be issued by the supplier or
            c)  Date of issue of invoice by the Recipient, in cases where invoice (Self Invoice) is to be issued by the recipient.
        Determination of the time of supply of services taxable under reverse charge:-


         S.                                Date of issue of    61st day     Date of issue of   Time of Supply of
                 Date of payment by
         NO.                             invoice by supplier  from date  invoice by recipient  Services u/s 13(3)
                 recipient of services
                                             of services      of Invoice       of services

                         (1)                     (2)                              (3)           [Earlier of (1), (2)
                                                                                                & (3)]
         (i)   August 10                       June 29        August 29            -                August 10
         (ii)  August 10                        June 1         August 1            -                August 1

         (iii)  Part payment made on           June 29        August 29            -           June 30 for Part
               June 30 & balance                                                               Payment & August 29
               amount paid on Sep 1                                                            for balance amount
         (iv)  Payment is entered in the
               recipient's books of             June 1         August 1            -                 June 28
               account on June 28 &
               debited in recipient's
               bank account on June 30

         (v)  Payment is entered in the
              recipient's books of account
              on June 30 and debited in        June 29        August 29            -                  June 26
              recipient's bank account on
              Jun 26
         (vi)  August 10                                                       August 5              August 5


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