Page 8 - Chapter 5 TOS
P. 8

Ü As per notification 66/2017, the time of supply of goods is not on advance received & this is applicable to all
            registered persons except composition supplier & Supplier of Specified actionable claim.
        Ü Further As per section 12(3) of CGST Act, 2017, if supply of goods is taxable under reverse charge, then the
            time of supply of goods shall be the earliest of the following dates:-
            a. Date of receipt of goods or
            b. Date of payment which shall be earlier of following:-
               Ø  date entered in the books of account of the recipient or
               Ø  date on which the payment is debited in his bank account.
             c. Date immediately following 30 days from date of issue of invoice by the supplier.
        Discussion & Conclusion:-


          1)  For Product A:
              Ü Since Product A is taxable under Forward Charge, thus TOS of Product A is 4th March being the date of
                 issue of invoice

         2)   For Product B:

              Ü Since Product B is taxable under Reverse Charge, thus TOS of Product B is 17th February of ₹
                 2,00,000 paid as advance being the earliest of following dates:
                  Ø  Date of receipt of goods (23rd March)
                  Ø  Date of payment (17th February)
                  Ø  Date immediately following 30 days of issuance of invoice (11th  April).
              Ü For balance ₹ 2,00,000, the TOS of product B is 23rd March being the earliest of  following dates:
                  Ø  Date of receipt of goods (23rd  March),
                  Ø  Date of payment (1st  April)
                  Ø  Date immediately following 30 days of issuance of invoice (11th  April).



          06:  Sec 13(2): TOS of Services under Forward Charge
                   Determine the time of supply of services and the corresponding due date of e-payment of GST in each
          Q.7
        of following independent cases for person not paying tax under QRMP Scheme:-
         Sr.No.   Date of Completion of Service     Date of Invoice            Date of receipt of payment

           1.              10.04.20XX                 05.05.20XX                      20.05.20XX
           2.              10.04.20XX                 05.05.20XX                      25.04.20XX
           3.              10.04.20XX                 05.05.20XX        25.04.20XX (part) & 20.05.20XX (remaining)

           4.              10.04.20XX                 05.05.20XX        06.04.20XX (Part) & 09.04.20XX (remaining)
           5.              10.04.20XX                 16.05.20XX         05.04.20XX(Part) & 14.05.20XX (remaining)
        Answer:-

        Legal Provision:-
        Ü As per section 13(2) of CGST Act, 2017, the time of supply of services shall be as follows:-
                                   Cases                                         Time of supply

         a) If the invoice is issued within the period prescribed   Time of supply shall be earlier of:-
             u/s 31:-                                          Ü the date of issue of invoice by the supplier or
                                                               Ü the date of receipt of Payment.
         b) If the invoice is not issued within the period     Time of supply shall be earlier of:-
             prescribed u/s 31:-                               Ü the date of provision of service or
                                                               Ü the date of receipt of payment.






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