GST - EIRC-ICAI

ABHISHEK SHANKAR AGARWAL & ASSOCIATES
CHARTERED ACCOUNTANTS
CA ABHISHEK AGARWAL, ACA, DISA
NEED OF GST
Multiplicity of Taxes
Double Tax
Cascading of Taxes
No Uniformity
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
ARTICLE-366
In Article 366 of the constitution after clause (12), following got
inserted:
12(A) “goods and services tax” means any tax on supply of goods, or services or
both except taxes on supply of the alcoholic liquor for human consumption;
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
DEFINITION OF GOODS & SERVICES
Goods means every kind of moveable property other than money and securities but includes
Actionable claim
Growing crops
Grass and other things
attached to
Or forming part of the land which are agreed to be severed before supply or under a contract of
supply.
Services means anything other than goods;
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
TAXES LIKELY TO BE SUBSUMED IN GST
• CENTRAL TAXES

Central Excise Duty
 Additional Excise Duty
 E.D levied under medicinal and toilet
preparation act 1955
• STATE TAXES
 Vat /Sales Tax
 Entertainment Tax
 Luxury Tax

Service Tax
 Tax on Lottery

Central Sales Tax

CVD
 Purchase Tax

SAD

Various Central Cess
 Various State Cess
 Octroi and Entry Tax
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
TAXES NOT LIKELY TO BE SUBSUMED IN GST
CENTRAL TAXES
 Basic Custom Duty
 Safeguarding duty & anti
dumping duty
 Export Duty
STATE TAXES
 Road and Passenger Tax
 Toll Tax
 Property Tax
 Stamp Duty
 Electricity Duty
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
ARTICLE-286
Article 286 of the constitution got amended
(i) in clause (1),—
(A) for the words "the sale or purchase of goods where such sale or purchase takes place", the words
"the supply of goods or of services or both, where such supply takes place" shall be substituted;
(B) in sub-clause (b), for the word “goods”, at both the places where it occurs, the words “goods or
services or both” shall be substituted;
(ii) in clause (2), for the words "sale or purchase of goods takes place", the words "supply of goods or of
services or both" shall be substituted;
(iii) clause (3) shall be omitted.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
WHAT DOES SUPPLY MEAN
AS PER SECTION-7(1) SUPPLY INCLUDES
(a) All forms of supply of goods and/or services such as
Sale
Transfer
Barter
Exchange
License
Lease
Or
Disposal
Made or agreed to be made for a consideration by a person in the course or furtherance of business.
Importation of services , for a consideration whether or not in the course or furtherance of business ,
Supply specified in Schedule-I, made or agreed to be made without a consideration.
Activities specified in schedule-II are treated as supply of goods or supply of services
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SCHEDULE - I
SUPPLY TO BE CONSIDERED EVEN IF MADE WITHOUT CONSIDERATION
Permanent transfer/disposal of business assets of which input tax credit has been availed
Supply made between related persons, or between distinct persons in the course or
furtherance of business
On behalf of principal, agent supply the goods
On behalf of principal, agent receive the goods
Importation of services
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SCHEDULE - II
SUPPLY OF GOODS
 Transfer of title in goods.
 Any transfer of title in goods under an agreement which stipulates that property in goods shall pass at
future date upon payment of full consideration.
 Transfer or disposal of business assets.
 Supply of goods by unincorporated association or body of person to a member.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SCHEDULE - II
SUPPLY OF SERVICES
 Transfer of goods or right in goods without transfer of title.
 ease, tenancy, easement, license to occupy land
 Lease or letting out the building for business or commerce.
 Treatment or process being applied other person’s goods.
 Renting of immovable property.
 Construction of a building, complex, civil structure.
 Temporary transfer or permitting the use or enjoyment of any intellectual property right
 Development, design, programming, customisation, adaptation, upgradation, enhancement, implementation
of information technology software
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SCHEDULE III
Activities or transaction not treated as supply of goods or services
 services by an employee to employer
 services by any court or tribunal
 functions or duties performed by members of parliament,members of state legislature
etc.
 services by a foreign diplomatic mission located in india.
 services of funeral ,burial ,crematorium or mortuary including transportation of the
deceased.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
NOT A SUPPLY
Supply treated neither as a supply of
goods nor a supply of services.
Activities or transactions specified
in schedule-III;
Activities or transactions undertaken
by the central government, a state
government or any local authorities in
which they are engaged as public
authorities as specified in schedule IV,
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
CLARIFICATION
Subject to section 7(1) & (2),the central or a state government may , upon
recommendation of the council, specify , by notification , the transactions that are to be
treated as-
A supply of goods and not as a supply
of services; or
A supply of services and not as a
supply of goods ; or
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
TAX LIABILITY ON A COMPOSITE & A MIXED SUPPLY
Composite
Supply
A composite supply comprising two
or more supplies ,one of which is a
principal supply, shall be treated as
a supply of such principal supply ;
Mixed Supply
A mixed supply comprising two or
more supplies shall be treated as
supply of that particular supply which
attracts the highest rate of tax.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
LEVY & COLLECTION OF TAX
 CGST & SGST/UTGST will be levied on all intra-state supply of goods or services or both;
 IGST will be levied on all inter-state supply of goods or services or both;
 CGST & SGST/UTGST or IGST will paid by the taxable person and collected by the government in
such manner as prescribed;
 CGST & SGST/UTGST or IGST will not be levied on supply of alcoholic liquor for human
consumption;
 CGST & SGST/UTGST or IGST on the supply of petroleum crude, high speed diesel, motor spirit
(commonly known as petrol), natural gas and aviation turbine fuel will be levied with effect from such
date as may be notified by the government
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
LEVY & COLLECTION OF TAX
REVERSE CHARGE MECHANISM
The Government will specify the categories of supply of goods or services or both which is under
reverse charge basis and all provision of the CGST & SGST or IGST Act shall apply to recipient;
 CGST & SGST or IGST shall be paid by registered recipient on reverse charge basis and all the
provision shall apply to recipient when taxable goods or services are received from unregistered person
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
POWER TO GRANT EXEMPTION FROM TAX
If the central or state govt is satisfied that it is necessary to do so in public
interest, then it may by passing notification in the official gazette exempt
generally either absolute or conditional.
Example
Exemption Notification No. 1
31.01.2018
Notification No. 2
1.12.2018
(Explanation w.r.t no.1)
Product X is exempted from
payment of tax
Product X of only specific nature
is exempted from payment of tax
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Notification No.2 effective from
31.01.2018
1.12.2018
IF
Notification No. 2
1.03.2019
(Explanation w.r.t no.1)
Product X of only specific nature
is exempted from payment of tax
Notification No.2 effective from
1.03.2019
31.01.2018
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
ARTICLE-279A
 Article 279A (NEW INSERTION) of the constitution : GST COUNCIL
 One-half of the total number of members of the Goods and Service Tax council shall constitute
the quorum at its meetings;
Every decision of the goods and services tax council shall be taken at a meeting by a majority of
not less than 3-4th of the weighted votes of the members present and voting, in accordance with
the following principles, namely; The vote of the central government shall have a weight age of 1/3rd of the total votes cast,
and
 The votes of all the state, government taken together shall have a weight age of 2/3rd of the
total votes cast.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
RATES OF GST
Specified demerit goods and luxury item will attract cess
Compensation to states for loss of revenue on account of introduction of goods and service tax
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
RATE OF GOODS & SERVICES
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
INTRA-STATE SUPPLIES
ARTICLES 246A GOT INSERTED IN 101
CONSTITUTION AMMENDMENT BILL,2016
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
ARTICLES 246A GOT INSERTED IN 101
CONSTITUTION AMMENDMENT BILL,2016
• For Intra state Supply, both Central & State have power to make laws & impose tax on supply;
• For Inter state Supply, Central exclusively have power to make laws with respect to goods and services
tax;
• Impose of Goods and services tax referred to in clause (5) of articles 279A, take effect from the
date of recommendation by the Goods and Services tax council.
Petroleum crude, high speed diesel,
motor spirit, natural gas, aviation
turbine fuel
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
DETERMINATION OF CHARGE
Location of
Supplier
Place of Supply
Karnataka
Charge of Tax
CGST
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SGST
AVAILING OF CREDIT
• CGST inputs can only be utilised against CGST.
CGST - ITC
CGST
• SGST inputs can only be utilised against SGST.
SGST - ITC
SGST
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
DECODING OF ARTICLE 269A

IGST will be levied and collected on supplies in the course of inter-state trade or commerce
by the Central Government, and such tax shall be apportioned between the central and states.
Imports will be deemed to be treated as Interstate transactions
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
DETERMINATION OF CHARGE
Place of
Supply
Location of
Supplier
Karnataka
Charge of Tax
Inter State
IGST
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Tamil Nadu
INPUT CREDIT ADJUSTMENT
CGST - ITC
IGST
CGST
IGST
SGST
CGST
SGST - ITC
IGST- ITC
SGST
IGST
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
EXAMPLE INTER-STATE SUPPLIES
WEST BENGAL ( SGST @ 10%)
COST OF GOODS = RS 100
SGST @10% = RS 10
CGST @ 10% = RS10
A OF WB
SELLS GOODS TO
PAYMENT OF CGST &
SGST BY A
CGST = RS 10
SGST = RS 10
GUJARAT ( SGST @10%)
COST OF GOODS = RS 200
IGST @ 20% = RS 40
B OF WB
COST OF GOODS =RS 300
SGST @ 10% = RS 30
CSGST @ 10% = RS 30
SELLS GOODS TO
PAYMENT OF IGST BY B
IGST PAYABLE = RS 40
LESS: CGST ITC= RS 10
LESS: SGST ITC=RS 10
IGST PAID IN CASH =RS 20
C OF
GUJARAT
SELLS GOODS TO
PAYMENT OF CGST BY C
CGST PAYABLE= RS 30
LESS : IGST ITC = RS 30
CGST PAID
= RS 0
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
FINAL
CONSUMER
PAYMENT OF SGST BY C
SGST PAYABLE = RS30
LESS: IGST ITC = RS 10
SGST PAID
= RS 20
AGGREGATE TURNOVER
Aggregate value of all taxable supplies ,exempt supplies, exports of goods or
services or both and inter-State supplies of persons having the same Permanent
Account Number, to be computed on all India basis but excludes Central tax, State
tax, Union territory tax, integrated tax and cess;
Note: Aggregate turnover does not include the value of inward supplies on which tax is payable
under the reverse charge mechanism
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
COMPUTATION OF AGGREGATE TURNOVER U/S 2(6)
PARTICULARS
AMOUNT
All taxable supplies
xxx
(+) exempt supplies
xx
(+) export of goods /services
xx
(+) inter state supplies
xx
SHALL NOT INCLUDE:
Value of inward supplies u/s 9 (3) & (4) xx
EXCLUDES:
Taxes charged under
xx
(CGST ACT,SGST ACT,UTGST ACT,IGST ACT and CESS)
TOTAL
XXX
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
REGISTRATION THRESHOLD LIMIT
Regular Dealer
North East India &
other specified states
Aggregate Turnover
exceeds
10 lakhs
Rest of India
Aggregate Turnover
exceeds
20 lakhs
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Particulars
Delhi
Uttar Pradesh
9
10
Taxable supply & exempt supply
Particulars
Taxable supply & exempt supply
Particulars
Taxable supply &
exempt supply
Delhi
Uttar Pradesh
Uttarakhand
6
6
9
Uttar Pradesh
Uttarakhand
2
9
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
IMPORTANCE OF 30 DAYS
Date of Liability of
Registration
Date of Application
Date of Grant of Register
Register Effective From
10-08-2017
15-08-2017
18-08-2017
10-08-2017
01-08-2017
05-09-2017
15-09-2017
15-09-2017
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
AS PER SECTION 24 OF CGST ACT, FOLLOWING PERSONS ARE
REQUIRED TO GET REGISTERED IRRESPECTIVE OF THE
THRESHOLD
Persons making interstate supplies.
Casual taxable person
Non-resident taxable person.
Persons required to pay tax under reverse charge.
Tax deductor and collector.
Input service distributor.
 e-commerce operator.
Person supplying goods/services on behalf of other person.
Person supplying online information and database access or retrival services from a place outside India to
a person in India(other than a registered taxable person)
Others as may be notified.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
AS PER SECTION 23 OF CGST ACT, FOLLOWING PERSONS ARE
NOT LIABLE TO GET REGISTERED
 Any person engaged exclusively in the business of supplying goods and/or services that are not liable to tax
or who are wholly exempt from tax under this Act;
 An agriculturalist.
 The Government may specify the category of person who may be exempted under the ACT
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
THRESHOLD LIMIT FOR COMPOSITION SCHEME
TAXABLE PERSON
Aggregate Turnover
Does not exceed 50
lakhs
Government may, by notification, increase the said limit of fifty lakh rupees to such higher amount,
not exceeding one crore rupees
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
NOT ELIGIBLE FOR COMPOSITION SCHEME
 Who is engaged in the supply of services other than restaurant service;
 Who makes any supply of goods which are not leviable to tax under this Act; and
 Who makes any inter-State OUTWARD supplies of goods; and
 Who makes any supply of goods through an electronic commerce operator who is
required to collect tax at source under section 52; and
 Who is a manufacturer of such goods as may be notified on the recommendation of
the Council
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
PAN BASED COMPOSITION LEVY
ABC Ltd
COMPOSITION SCHEME
Reseller of
Garments
Reseller of Mobile
Registered in West Bengal
Registered in West Bengal
Outlet of Domino’s
Registered in Delhi
Taxable person will not be eligible to opt composition scheme for business in west Bengal and opt to
pay taxes under the regular scheme for business in Delhi
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
RATE OF TAX UNDER COMPOSITION SCHEME
2.5%
CGST
2.5%
SGST
FOR RESTAURANT
SERVICE
1%
CGST
1%
SGST
FOR MANUFACTURER
0.5%
CGST
0.5%
SGST
FOR OTHERS
Calculated on the turnover in a state
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
RETURN
ERRORS AND OMMISION
UPON DISCOVERY OF ERRORS OR OMMISION
Subject to the provisions of
sections 37 and 38, errors or
omission can be rectified upon
discovery other than result of
scrutiny, audit, inspection or
enforcement activity by the tax
authorities
No such rectification of any omission or incorrect particulars shall be allowed after the due date for filing of return for the month
of September or second quarter (as the case may be), following the end of the financial year, or the actual date of filing of relevant
annual return, whichever IS EARLIER
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Ratna Steels GSTRRatna Steels
In.No
Amt Portal
GST
1A
Super Cars Ltd Portal
Ratna Steels
Outward Supplies Register
No
Amt
GST
1,00,00
0
50,000
18,000
7
Qt
y
10
0
50
8
25
25,000
4,500
10
50
50,000
9,000
Tot.
225
2,25,000
40,500
6
6
Ratna Steels GSTR-1
1,00,000
Aug
Super Cars Ltd
GSTR-1
10
21
20
11
15
16
18,000
Payment
Payment
Rev Automobiles
Super Cars Ltd
Ratna steels
Inward Supplies Register
Qty
18,000
9,000
6
No
1,00,000
Amt
GST
Books of Super Cars Ltd for July
Outward Supplies Register
No
Qty
Amt
GST
66
100
100
10
1,00,000
1,00,000
1,00,00
18,000
18,000
18,000
0
50,000
80
80
88,000
88,000
15,840
15,840
7
0
50
1
1
9,000
2
2
60
60
66,000
66,000
11,880
11,880
8
25
25,000
4,500
3
3
30
30
33,000
33,000
5,940
5,940
10
50
50,000
9,000
4
4
45
45
49,500
49,500
8,910
8,910
Tot
225
2,25,000
40,500
Tot
215
2,36,500
42,570
6
1,00,000
18,000
Consequences of Non-compliance
Credit rating
Non compliance will affect a company’s credit rating, which is visible to all.
Bad rating may impact customer & supplier confidence in the company, impacting business
Late Fee & Interest
Failure to furnish returns
Quarterly/ Monthly: Rs.100/- per day for every day subject to a maximum of Rs. 5000/Annual Return :Rs.100/- per day for every day subject to a maximum of Rs. 0.25 % of aggregate
turnover
Interest on total tax due – Rate yet to be notified
Cancellation of Registration
Regular dealer: If returns are not furnished for 6 consecutive tax period
Composite dealer: If returns are not furnished for 3 consecutive tax period
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
REFUND
REFUND PROCESS
Make an application
in GST RFD-01 to
PO
Take an
acknowledgement
in GST RFD-02
Deficiencies
communicated in
GST RFD-03
After scrutiny
satisfied PO make
an provisional order
in GST RFD-04
Show cause notice
for reject of refund
application in GST
RFD-08
Order for complete
adjustment in GST
RFD-07
PO sanction or
rejection order in
GST RFD-06
PO issue a payment
advice in GST RFD05
Applicant furnish
reply in GST RFD09
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
PAYMENT
DUE DATE FOR PAYMENT OF TAXES
Format
Return Type
Return Filing due date
Tax Payment due date
GSTR 1
Outward Supply
10th of next month
No Tax Payment
GSTR 2
Inward Supply
15th of next month
No Tax Payment
GSTR 3
Monthly Return
20th of next month
On or before filing the return
GSTR 4
Compounding Dealers
18th of next month (Quarterly)
On or before filing the return
GSTR 5
Non Resident Dealers
20th of next month or < 7 days from
expiry of Regn.
Whichever is earlier
On or before filing the return
GSTR 6
ISD
13th of next month
No Tax Payment
GSTR 7
TDS
10th of next month
On or before filing the return
GSTR 8
Annual Return
31st December of next FY
On or before filing the return
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
TAXABLE PERSON MAINTAINS FOLLOWING 3 TYPES OF LEDGER
1.E-TAX LIABILITY
REGISTER
2.E-CREDIT
LEDGER
USED FOR MAKING
ANY PAYMENT IN
FOLLOWING MANNER
OF UTILISATION OF
CREDIT FOR TAX
PAYMENT
SHALL BE
RECORDED
AND
MAINTAINED
IN FORM GST
PMT-1
CREDIT OF
UTILIZATION
IGST
FIRST AGAINST IGST THEN AGAINST CGST AND LATER AGAINST
SGST
CGST
FIRST AGAINST CGST THEN AGAINST IGST
SGST
FIRST AGAINST SGST THEN AGAIN IGST
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
3.E-CASH
LEDGER
USED FOR
MAKING ANY
PAYMENT
TOWARDS
1.TAX
2.INTEREST
3.PENALTY
4.FEES OR ANY
OTHER
AMOUNT
PAYABLE
ELECTRONIC CASH LEDGER
Electronic Cash Ledger
Balance
Electronic Liability Register
50,000
(+) Tax
Paid
250,000
(-) Tax
Utilized
150,000
(-) Tax
Utilized
150,000
300,000
150,000
NIL
Balance with Bank
Balance
(-) Tax Paid
15th
19th
10th
20th
9th
JULY
JULY
JULY
Output tax
for month
200000
200000
(-) Tax
Credit
50,000
150000
(-) Tax
Paid
(+) Credit
Mismatch
150,000
NIL
250,000
250,000
(-) Tax
Paid
150,000
100,000
50,00,000
250,000
47,50,000
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
BUSINESS IMPLICATIONS FOR YOU
VAT
GST
Interaction with Government for compliance
Once a quarter or month
Minimum of 3 times EVERY MONTH
Return filing
Summary of sales/purchases needs to be filed
Need to upload EVERY transaction
Invoice Matching
Not monitored extensively
Invoices of supplier and recipient NEED to MATCH
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
BUSINESS IMPLICATIONS FOR YOU
VAT
GST
Input Credit
Availed based on returns
Can be availed ONLY WHEN INVOICES ARE
MATCHED and SELLER PAYS TAX
LIABILITY.
Input Credit on expenses
Was not able to claim on all
business expenses
Available for ALL INWARD which are used in furtherance of
business
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
PLACE OF SUPPLY
OF
GOODS AND SERVICES
PLACE OF SUPPLY OF GOODS OTHER THAN SUPPLY OF
GOODS IMPORTED INTO, OR EXPORTED FROM INDIA
• Movement of goods is involved
• Movement of goods is not involved
• Special Case
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
MOVEMENT OF GOODS IS INVOLVED
Movement of
goods is
involved
Two persons are
involved i.e. supplier
and recipient
Pos shall be the location of
goods at the time of
movements of goods
terminates.
Three persons are
involved i.e. supplier,
buyer and recipient.
Pos shall be the location of
the buyer.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Where two persons involved
MUMBAI
GOODS TRANSFERRED
KOLKATA
POS
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Where three persons involved
KOLKATA
BUYER
MUMBAI
DELHI
Transferred to delhi directly.
SUPPLIER
SUPPLIER
[MUMBAI]
RECIPIENT
BILL TO
BUYER
[KOLKATA]
LOS: MUMBAI; POS: KOLKATA; INTER STATE= IGST is chargeable
BUYER
[KOLKATA]
SHIP TO
RECIPIENT
[DELHI]
LOS: KOLKATA; POS: DELHI; INTER STATE= IGST is chargeable
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
MOVEMENT OF GOODS IS NOT INVOLVED
Movement of goods
is not involved
POS shall be
Location of such
goods at time of
delivery to the
recipient.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SPECIAL CASE
Assembly /
installation at
site
Pos shall be the place of
installation
Supplied on
board of
conveyance
Pos shall be the location
at which such goods are
taken on board
Special case
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Pos of services is divided into 2
parts
General part
Specific part
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
General Part
Service provided to a nonregistered person
Service provided to a
registered person
[B 2 C]
[B 2 B]
Pos of services shall be
the location of the
registered person
Address of
recipient exists on
record
Pos of services shall
be location of the
recipient
Address of recipient
doesn't exists on
record
Pos of services shall
be location of the
supplier of service
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
SPECIFIC PART
1.
Immovable property related.
2.
Performance based services including restaurant and catering services.
3.
Services related to training and performance appraisal.
4.
Admission to an event.
5.
Organization of an event and ancillary services.
6.
Transportation of goods.
7.
Passenger transportation services.
8.
Supply of services on board.
9.
Supply of telecommunication services.
10. Banking and other financial services.
11. Insurance services.
12. Advertisement services to CG, SG, Local authority etc. .
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
TIME OF SUPPLY
OF
GOODS AND SERVICES
Time of Supply of Goods.
Forward Charge
Earlier of:
1. Date of issue of
invoice by
supplier OR
last date u/s 31
2. Date of receipt
of payment by
supplier
Reverse Charge
Earliest of:
1. Date of receipt of
goods
2. Date on which
payment is made
3. Date immediately
following 30 days
from issue of
invoice by
supplier
4. Date of debit in
books of accounts
In case of
supply of
vouchers
1. Date of
issue of
voucher, if
supply is
identifiable.
2. Date of
redemption
of voucher,
in all other
cases.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Any Other Case
When
return is
to be
filed
Date of
return
filed
No
return
required
to be
filed
Date of
payment
of
CGST/
SGST
TIME LIMIT TO RAISE THE INVOICE U/S 31
Supply of Goods
Before or at the time
of
Removal of
Goods
Delivery of
Goods or
Making
Available
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Time of Supply of services
Forward Charge
Reverse Charge
Earliest of:
1. Date of issue
of invoice by
supplier or
last date u/s
31
2. Date of
receipt of
payment by
supplier
Earlier of:
1. Date on which
payment is made
2. Date immediately
following 60 days
from issue of
invoice by supplier.
3. Date of debit in
books of accounts
In case of supply of
vouchers
1. Date of issue
of voucher, if
supply is
identifiable.
2. Date of
redemption
of voucher, in
all other
cases.
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
Any Other Case
When
return is
to be
filed
No
return
required
to be
filed
Date of
return
filed
Date of
paymen
t of
CGST/
SGST
TIME LIMIT TO RAISE THE INVOICE U/S 31
Supply of Services
Before or after
The provision of
service but within
period
30 days for other
than banking & nonbanking institution
45 days for banking
& non-banking
institution
CA ABHISHEK AGARWAL , ACA , DISA , E| [email protected]
CA ABHISHEK AGARWAL, ACA,DISA
[email protected]