MNO & Co, a Partnership firm, is engaged in the manufacturing of equipment in the State of Gujarat. The firm became liable for registration under GST on 14th July, 2022. It applied for registration on 14th August, 20

CS Executive · Tax Laws and Practice · PYQS · December 2023
MNO & Co, a Partnership firm, is engaged in the manufacturing of equipment in the State of Gujarat. The firm became liable for registration under GST on 14th July, 2022. It applied for registration on 14th August, 2022 and was granted registration certificate by department on 18th August, 2022. MNO & Co. supplied goods to Vikram Ltd. The terms of the contract stipulated that goods are delivered to the factory of Vikram Ltd. Goods were removed from the factory of MNO & Co. on November 9, 2022 and were delivered to the factory of Vikram Ltd. on November 15, 2022. Invoice was issued on November 18, 2022 and payment was credited to MNO & Co's account on December 20, 2022. However, the entry was made in the books when the cheque was received, that is on November 19, 2022. With reference to transaction with Vikram Ltd., determine the Time of Supply for the purpose of payment of Tax.

Answer & Explanation:

Particulars As per Section 12(1) of Central Goods and Services Tax Act, 2017, the time of supply of goods shall be the earlier of the following dates, namely:- the date of issue of invoice by the supplier or the last date on which he is required to issue invoice under section 31 of Central Goods and Services Tax Act, 2017; or The date on which the supplier receives the payment with respect to the supply. However, advance received in respect of supply of goods is not liable to be taxed at the time of receipt vide Notification No. 66/2017 Central Tax dated 15.11.2017. Therefore, the date of payment in respect of supply of goods shall not be relevant for determining the time of supply. Further, Section 31 of the Central Goods and Services Tax Act, 2017 provides that a registered person supplying taxable goods shall issue a tax invoice, before or at the time of, removal of goods for supply to the recipient, where the supply involves movement of goods; or Delivery of goods or making available thereof to the recipient, in any other case. As per the above scenario, various dates are as under: Actual date of issue of invoice: November 18, 2022 Due date for issue of invoice (as supply involves movement of goods): November 09, 2022 Date of receipt of payment (earlier of entry in books of accounts and credit made in the bank account): November 19, 2022 Therefore, the time of supply would be the earliest of the above dates, that is, November 09, 2022.

Topics: GST Law

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