BGL Gas Limited supplied Industrial Oxygen Gas through pipelines to City Care Hospital Limited. The hospital made monthly payments to the supplier as per contract. Invoice is issued by the supplier for every quarter and

CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · December 2024
BGL Gas Limited supplied Industrial Oxygen Gas through pipelines to City Care Hospital Limited. The hospital made monthly payments to the supplier as per contract. Invoice is issued by the supplier for every quarter and supported by a statement of the goods dispatched and payments made, and the recipient has to pay the differential amount, if any accordingly. The details of the various events are as under: Date Events 05.05.2024 Payments of ₹1.50 lakh made in 5th day of each month 05.06.2024 (i.e. 1.5 lakh on 5 May, 1.5 lakh on 5 June and 1.5 lakh on 05.07.2024 5 July) 03.07.2024 Statement of accounts issued by supplier, with invoice for the quarter April-June, 2024 17.07.2024 Differential payment of ₹38,000 received by supplier for the quarter April-June, 2024 as per statement of accounts From the above information, find out the time of supply as per the provisions of CGST Act, 2017.

Answer & Explanation:

Answer 1(c) As per the provisions of section 12 of CGST Act, the time of supply for goods is the earliest of the following dates: Date of Issue of Tax Invoice Last Date of Issue of Invoice as per provisions of section 31 of the CGST Act Date of Receipt of Payment (Not Applicable by Notification No. 66/2017) Date of Receipt of payment is not applicable for advance payments except for Composition Dealers (Notification No. 66/2017) As per provisions of section 31 (4) of CGST Act, in the case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received. Hence Time of supply will be: 05.05.2024 for first payment date, of goods valued at ₹1.5 lakh (being earlier of the date of payment or the date of invoice, as computed hereunder) 05.06.2024 for second payment date, of goods valued at ₹1.5 lakh (being earlier of the date of payment or the date of invoice, as computed hereunder) 03.07.2024 for third payment date, of goods valued at ₹1.5 lakh, (being earlier of 05.07.2024, the date of payment or 03.07.2024, the due date of issue of tax invoice) 03.07.2024 for differential payment of ₹38,000 received by supplier on 17.07.2024, (being earlier of the date of payment 17.07.2024 or date of issue of tax invoice being 03.07.2024)

Topics: GST Law

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