Pace and Supply Under GST
Pace and Supply Under GST
Pace and Supply Under GST
Supply
Under GST, 3 types of taxes can be charged in the invoice. SGST and
CGST in case of an intra-state transaction and IGST in case of an
interstate transaction. But deciding whether a particular transaction is inter
or intrastate is not an easy task.
Think about an online training where customers are sitting in different parts
of the world.
Say in case, hotel services, where the receiver may have an office in
another state and may be visiting the hotel only temporarily, or where
goods are sold on a train journey passing through different states.
To help address some of these situations, the IGST act lays down certain
rules which define whether a transaction is inter or intrastate. These rules
are called the place of supply rules.
Why are time place and value of
supply important?
Time of supply means the point in time when goods/services are
considered supplied’. When the seller knows the ‘time’, it helps him
identify due date for payment of taxes.
Time of Supply
Time of supply means the point in time when goods/services are
considered supplied’. When the seller knows the ‘time’, it helps him identify
due date for payment of taxes.
For example:
Mr. X sold goods to Mr. Y worth Rs 1,00,000. The invoice was issued on
15th January. The payment was received on 31st January. The goods
were supplied on 20th January.
*Note: GST is not applicable to advances under GST. GST in Advance is
payable at the time of issue of the invoice. Notification No. 66/2017 –
Central Tax issued on 15.11.2017
2. Last date on which invoice should have been issued – 20th January.
The time of supply for the advance of Rs 50,000 will be 1st January(since
the date of receipt of advance is before the invoice is issued). For the
balance Rs 50,000, the time of supply will be 15th January.
In the present case, we need to 1st check if the invoice was issued within
the prescribed time. The prescribed time is 30 days from the date of supply
i.e. 31st January. The invoice was issued on 20th January. This means that
the invoice was issued within a prescribed time limit.
This means that the time of supply of services will be 20th January.
In case of reverse charge the time of supply for service receiver is earliest
of:
1. Date of payment*
2. 30 days from date of issue of invoice for goods (60 days for services)
For example:
M/s ABC Pvt. Ltd undertook service of a director Mr. X worth Rs. 50,000 on
15th January. The invoice was raised on 1st February. M/s ABC Pvt Ltd
made the payment on 1st May.
Place of supply
It is very important to understand the term ‘place of supply’ for determining
the right tax to be charged on the invoice.
Here is an example:
Usually, in case of goods, the place of supply is where the goods are
delivered.
So, the place of supply of goods is the place where the ownership of
goods changes.
Special provisions have been made to determine the place of supply for the
following services:
Restaurant services
Admission to events
Telecom services
Example 1:
In this case, place of supply will be the location of the immovable property
i.e. Ooty, Tamil Nadu.
Example 2:
The place of supply is the place from where the departure takes place i.e.
Bangalore in this case.
But where parties are related and a reasonable value may not be charged,
or transaction may take place as a barter or exchange; the GST law
prescribes that the value on which GST is charged must be its
‘transactional value’. This is the value at which unrelated parties would
transact in the normal course of business. It makes sure GST is charged
and collected properly, even though the full value may not have been paid.
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6. Place of Supply of
Telecommunication Services
Place of supply of mobile connection (postpaid) is recipient's address.
Prepaid connections and other telecommunications will face a different
treatment.