Page 9 - Chapter 5 TOS
P. 9

Ü As per section 31(2), generally, the tax invoice shall be issued within 30 days of supply of service
        Determination of the time of supply of services and the corresponding due date of e-payment of GST :-

                Date of     Last date to                   Date of        Section                      Due date of
         S r.                                Date of                                      Time of
              Completion issue invoice                    receipt of   applicable for                 monthly GST
         No.                                 Invoice                                      Supply
               of Service       u/s 31                     payment      time of supply                  payment
          1.  10.04.20XX    10.05.20XX     05.05.20XX    20.05.20XX        Section      05.05.20XX     20.06.20XX
                                                                           13(2)(a)

          2.  10.04.20XX    10.05.20XX     05.05.20XX    25.04.20XX        Section      25.04.20XX     20.05.20XX
                                                                           13(2)(a)

          3.  10.04.20XX    10.05.20XX     05.05.20XX    25.04.20XX                     25.04.20XX     20.05.20XX
                                                         (Part) &          Section      (Part) &       (Part) &
                                                         20.05.20XX        13(2)(a)     05.05.20XX     20.06.20XX
                                                         (remaining)                    (remaining)    (remaining)

          4.  10.04.20XX    10.05.20XX     05.05.20XX    06.04.20XX                     06.04.20XX     20.05.20XX
                                                         (Part) &          Section      (Part) &       (For part &
                                                         09.04.20XX        13(2)(a)     09.04.20XX     remaining
                                                         (remaining)                    (remaining)    both)

          5.  10.04.20XX     10.05.20XX    16.05.20XX    05.04.20XX                     05.04.20XX     20.05.20XX
                                                         (Part) &         Section       (Part) &       (For part &
                                                         14.05.20XX       13(2)(b)      10.04.20XX     remaining
                                                         (remaining)                    (remaining)    both)

          Q.8
                   Raghav Enterprises, a registered taxpayer under the regular scheme in Rajasthan, is engaged in the supply of
        water purifiers. On 5th September 20XX, the firm received an advance of ₹ 30,000 from a customer for an
        upcoming supply of goods. The goods were delivered on 12th September, and the tax invoice was issued on the
        same day.
        Raghav is also a partner in a second business, Lucky Streak Gaming, which deals in betting services. That business
        received ₹ 20,000 as an advance on 4th September for participation in an online gaming event scheduled for 9th
        September. The invoice was raised on 6th September.
        You are required to examine the applicability of Notification No. 66/2017-CGST in the above situations and determine the
        time of supply for both Raghav Enterprises and Lucky Streak Gaming as per the CGST Act.
        Answer:- Legal Provision:
        Ü The time of supply of goods shall be the earlier of the following [Sec 12(2)]:-
             Ø  Date of issue of invoice or
             Ø  Last date to issue invoice or
             Ø  Date of receipt of payment.
        Ü As per Notification 66/2017 under CGST Act, the registered person other than following person:-
             Ø A composition supplier and
             Ø registered person making supply of specified actionable claims
              shall pay CGST on the outward supply of goods at the time of supply as specified section 12(2)(a).
        Ü If invoice is issued within 30 days of supply of services, then the time of supply of such services shall be
            earlier of: [Sec 13(2)(a)]
              Ø  the date of issue of invoice by the supplier or
              Ø  the date of receipt of payment.
        Conclusion:

          1)   Ü Raghav Enterprises is a regular registered supplier (neither a composition dealer, nor supplying
                   actionable claims).



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