Goyal Fashions, a registered supplier of designer outfits in Delhi, decided to exhibit its products in a Fashion Show being organized at Hotel Part Royal, Delhi on 04.01.2021 Goyal Fashion for the occasion, gets the make

CS Professional · Advanced Tax Laws · PYQS · December 2021
Goyal Fashions, a registered supplier of designer outfits in Delhi, decided to exhibit its products in a Fashion Show being organized at Hotel Part Royal, Delhi on 04.01.2021 Goyal Fashion for the occasion, gets the makeover of its models done by Galaxy Beauty Services Ltd, Ashok Vihar, Delhi for which a consideration of ₹5,00,000 (excluding GST) has been charged. Galaxy Beauty Services Ltd, issued a duly signed tax invoice on 10.02.2020 showing the lumpsum amount of ₹5,90,000 inclusive of CGST and SGST @ 9% each. Goyal Fashions made the payment the very next day. Answer the following questions in the context of provisions of the CGST Act, 2017: (a) Examine and state whether the tax invoice has been issued within the time limit prescribed under the law by Galaxy Beauty Services Ltd. (b) Tax consultant of Goyal Fashions objected to the invoice raised suggesting that the amount of tax charged in respect of the taxable supply should be shown separately in the invoice raised by Galaxy Beauty Services Ltd. However, Galaxy Beauty Services Ltd, contended that there is no mandatory requirement of showing tax component separately in the invoice. Examine and State the validity of the objection raised by tax consultant of Goyal Fashions.

Answer & Explanation:

IF CANDIDATES ASSUMED DATE OF ISSUE OF COMPLETION OF SERVICE: 04.01.2021 & DATE OF ISSUE OF INVOICE: 10.02.2020 (a) As per section 31 of the Central Goods and Services Tax Act, 2017 read with the Central Goods and Services Tax Rules, 2017, in case of taxable supply of services, invoices should be issued before or after the provision of service, but within a period of 30 day (45 days in case of insurer, Banking company or financial institutions including NBFCs) from the date of supply of service. In the present case, the tax invoice should have been issued in the prescribed time limit of 30 days from the date of supply of service i.e., up-to 03.02.2021 and invoice has been issued on 10.02.2020. This is issued within time limit. (b) Section 31 of the Central Goods and Services Tax Act, 2017 read with the Central Goods and Services Tax Rules, 2017, inter alia, provides that tax invoice shall contain the following particulars: Total value of supply of goods or services or both, Rate of tax (Central tax, State tax, Integrated tax, Union territory Tax or Cess) Amount of tax charged in respect of taxable goods or services (Central tax, State tax, Integrated tax, Union Territory Tax or Cess) The objection raised by the tax consultant of Goyal Fashions suggesting that the amount of tax charged in respect of the taxable supply should be shown separately in the invoice raised by Galaxy Beauty Services Ltd, is valid in law. In the present case, the tax amount has not been shown separately in the invoice. Alternate Answer 2 to 2A(ii) IF CANDIDATES ASSUMED DATE OF ISSUE OF COMPLETION OF SERVICE: 04.01.2021 & DATE OF ISSUE OF INVOICE: 10.02.2021 (a) As per section 31 of the CGST Act, 2017 read with the CGST Rules, 2017 in case of taxable supply of services, invoices should be issued before or after the provision of service, but within a period of 30 days (45 days in case of insurer). Banking company or financial institutions including NBFCs from the date of supply of service. In view of said provisions in the present case, the tax invoice has been not issued within the time limit. The tax invoice should have been issued in the prescribed time limit of 30 days from the date of supply of service i.e., up to 03.02.2021 (b) Section 31 of the CGST Act 2017, read with the CGST Rules, 2017 inter alia provides that tax invoice shall contain the following particulars; Total value of supply of goods or services or both. Rate of tax (central tax, state tax, integrated tax, union territory tax or Cess) Amount of tax charged in respect of taxable goods or services (central tax, state tax, integrated tax, union territory tax or Cess) The objection raised by the tax consultant of Goyal Fashions suggesting that the amount of tax charged in respect of the taxable supply should be shown separately in the invoice raised by Galaxy Beauty Services Ltd. is valid in law. In the present case, the tax amount has not been shown separately in the invoice. Alternate Answer 3 to 2A(ii) IF CANDIDATES ASSUMED DATE OF ISSUE OF COMPLETION OF SERVICE: 04.01.2020 & DATE OF ISSUE OF INVOICE: 10.02.2020 (a) As per section 31 of the CGST Act, 2017 read with the CGST Rules, 2017 in case of taxable supply of services, invoices should be issued before or after the provision of service, but within a period of 30 days (45 days in case of insurer). Banking company or financial institutions including NBFCs from the date of supply of service. In view of said provisions in the present case, the tax invoice has been not issued within the time limit. The tax invoice should have been issued in the prescribed time limit of 30 days from the date of supply of service i.e., up to 03.02.2020 (b) Section 31 of the CGST Act 2017, read with the CGST Rules, 2017 inter alia provides that tax invoice shall contain the following particulars; Total value of supply of goods or services or both. Rate of tax (central tax, state tax, integrated tax, union territory tax or Cess) The objection raised by the tax consultant of Goyal Fashions suggesting that the amount of tax charged in respect of the taxable supply should be shown separately in the invoice raised by Galaxy Beauty Services Ltd. is valid in law. In the present case, the tax amount has not been shown separately in the invoice.

Topics: GST

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