Time and Place of Supply under GST

0
8
Time of Supply

Time, Place and Value of Supply

Under GST law there are three types of taxes that 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 work.

Think about an online training where customers are sitting in different parts of the world.

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(POS) rules. So lets read ‘time and place of supply’ law under GST.

 

Why time place and value of supply are important under GST?

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.

Place of supply is required for determining the right type of tax to be charged on the invoice, whether IGST or CGST/SGST will apply.

Value of supply is important because GST is calculated on the value of the sale. If the value is calculated incorrectly, then the wrong calculation of GST is charged.

1. 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.

CGST/SGST or IGST must be paid at the time of supply. Goods and services have a separate basis to identify their time of supply. Let’s understand them in detail.

A. Time of Supply of Goods

Time of supply of goods is earliest of:

  1. Date of issue of invoice
  2. Last date on which invoice should have been issued
  3. Date of receipt of advance/ payment*.

For example:

Ram sold goods to Sham worth INR 10,000. 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. Please Refer Latest Notification regarding the same.

In order words, when ‘supplier of goods’ receives advance payment, he is not required to pay GST at the time of the receipt of advance payment, however, under this situation, the time of supply would arise only at the time of issuance of the invoice and the tax liability needs to be discharged only at that time.

It must essentially be noted here that the above exemption is available only to the supplier of goods, meaning thereby that the supplier of service needs to pay the tax at the time of advance receipt. Further, the exemption is also not available to the composition scheme dealer.

 

Let us analyse and arrive at the time of supply in this case.

Time of supply is earliest of –

  1. Date of issue of invoice = 15th January
  2. Last date on which invoice should have been issued  = 20th January

Thus the time of supply is 15th January.

What will happen if, in the same example an advance of INR 50,000 is received by Mr. X on 1st January?

The time of supply for the advance of INR 50,000 will be 1st January(since the date of receipt of advance is before the invoice is issued). For the balance INR 50,000, the time of supply will be 15th January.

B. Time of Supply for Services

Time of supply of services is earliest of:

  1. Date of issue of invoice
  2. Date of receipt of advance/ payment.
  3. Date of provision of services (if invoice is not issued within prescribed period)

Let us understand this using an example:

Kalu provides services worth INR 3,00,000 to Ramu on 1st January. The invoice was issued on 20th January and the payment for the same was received on 1st February.

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.

The time of supply will be earliest of –

  1. Date of issue of invoice = 20th January
  2. Date of payment = 1st February

This means that the time of supply of services will be 20th January.

 

C. Time of Supply under Reverse Charge

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)

*w.e.f. 15.11.2017 ‘Date of Payment’ is not applicable for goods and applies only to services.  Notification No. 66/2017 – Central Tax 

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.

The time of supply, in this case, will be earliest of –

  1. Date of payment = 1st May
  2. 60 days from date of date of invoice =2nd April

Thus, the time of supply of services is 2nd April.

2. 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:

Location of Service Receiver Place of supply Nature of Supply GST Applicable
Maharashtra Maharashtra Intra-state CGST + SGST
Maharashtra Kerala Inter-state IGST

A. Place of Supply of Goods

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.

What if there is no movement of goods. In this case, the place of supply is the location of goods at the time of delivery to the recipient.

For example: In case of sales in a supermarket, the place of supply is the supermarket itself.

Place of supply in cases where goods that are assembled and installed will be the location where the installation is done.

For example, A supplier located in Mumbai supplies machinery to the recipient in Delhi. The machinery is installed in the factory of the recipient in UP. In this case, the place of supply of machinery will be UP.

B. Place of Supply for Services

Generally, the place of supply of services is the location of the service recipient.

In cases where the services are provided to an unregistered dealer and their location is not available the location of service provider will be the place of provision of service.

Special provisions have been made to determine the place of supply for the following services:

  • Services related to immovable property
  • Restaurant services
  • Admission to events
  • Transportation of goods and passengers
  • Telecom services
  • Banking, Financial and Insurance services.

In case of services related to immovable property, the location of the property is the place of provision of services.

Example 1:

Radha from Bangalore provides interior designing services to Krishna (Delhi). The property is located in UP.

In this case, place of supply will be the location of the immovable property i.e UP.

Example 2:

A registered taxpayer offers passenger transport services from Bangalore to Hampi. The passengers do not have GST registration. What will be the place of supply in this case?

The place of supply is the place from where the departure takes place i.e. Bangalore in this case.

3. Value of Supply of Goods or Services

Value of supply means the money that a seller would want to collect the goods and services supplied.

The amount collected by the seller from the buyer is the value of supply.

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.

 

Please Share Your Thought about the article.

 

 

LEAVE A REPLY

Please enter your comment!
Please enter your name here