Day 7 โ€“ Time of Supply (Goods) | Forward & Reverse Charge | CA Devesh Thakur | eTaxSave
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๐Ÿ“… Day 7 of 30  ยท  GST Challenge

Time of Supply
Goods

โœ๏ธ CA Devesh Thakur ๐ŸŒ eTaxSave.com ๐Ÿ“š GST Series

When exactly does GST become payable? Time of Supply pins the exact moment tax liability arises โ€” covering Forward Charge, Reverse Charge, Vouchers, Residuary provisions, Interest on delayed payments, and key Notifications.

Sec 12(2) Forward Charge Sec 12(3) Reverse Charge Sec 12(4) Vouchers Sec 12(5) Residuary Sec 12(6) Interest Notifications
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Day 7 GST Handwritten Notes by CA Devesh Thakur โ€” Time of Supply for Goods, Forward Charge, Reverse Charge, Vouchers, Notifications

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โฑ๏ธ

What is Time of Supply?

Time of Supply (TOS) determines the exact point in time when GST liability arises โ€” i.e., when the taxpayer must account for and pay GST. It is critical because it decides which tax period the liability falls in and affects due dates for filing returns and making payments.

For goods, Sections 12(2) to 12(6) of the CGST Act, 2017 lay down the rules for different scenarios โ€” forward charge, reverse charge, vouchers, residuary cases, and interest on delayed payments.

๐Ÿ“ค

Sec 12(2) โ€” Forward Charge โ€” Supply of Goods

Sec
12(2)

Forward Charge โ€” Normal Supply of Goods

W.E.E โ€” Whichever is Earlier of the two dates below
Earlier of (W.E.E):
A Invoice date OR Last date to issue invoice (as per Sec 31) Invoice
โ†• WHICHEVER IS EARLIER โ†•
B Date of receipt of payment Payment
๐Ÿ“… Example โ€” Supply with Movement of Goods
5
Invoice Date
5 July
6
Goods Removed
6 July
8
Payment Received
8 July
โœ… T.O.S = 5 July (Invoice Date โ€” Earliest)

๐Ÿ“Œ Key Rules โ€” Sec 31 (When to Issue Invoice)

  • Supply with movement of goods โ†’ Invoice at the time of removal
  • Supply without movement โ†’ Invoice at time of delivery / when made available
  • Advance payments are NOT taxed for goods (as per Notification) โœฑ
๐Ÿ”„

Sec 12(3) โ€” Reverse Charge โ€” Supply of Goods

Sec
12(3)

Reverse Charge โ€” Recipient Pays GST

W.E.E โ€” Earliest among THREE dates
Earliest of (W.E.E):
A Date of receipt of goods Receipt
โ†• WHICHEVER IS EARLIEST โ†•
B Date of payment โ€” entry in books / debit in bank Payment
โ†•
C 31st day from Invoice date 31st Day
๐Ÿ“… Example โ€” Reverse Charge
2
Payment Made
2 July
4
Goods Received
4 July
1A
31st Day from Inv.
1 Aug
โœ… T.O.S = 2 July (Payment โ€” Earliest of all three)
๐ŸŽŸ๏ธ

Sec 12(4) โ€” Supply via Vouchers

Sec
12(4)

Voucher-Based Supply

Depends on whether the supply is identifiable at time of issue

The TOS for voucher-based supply depends on whether the underlying supply (goods/service) can be identified at the time the voucher is issued.

Identifiable

Supply is Identifiable at Issue

The voucher is redeemable only for specific goods/services. The supply can be pinpointed at the time of issuance.

๐Ÿ›’ Example: Flipkart Voucher redeemable only for Electronics

๐Ÿ“… TOS = Date of Issue of Voucher
Non-Identifiable

Supply NOT Identifiable at Issue

The voucher is usable for any goods/services โ€” the exact supply cannot be determined at issuance.

๐ŸŽ Example: Amazon Gift Card usable for all products

๐Ÿ“… TOS = Date of Redemption
๐Ÿ”–

Sec 12(5) โ€” Residuary Provision

Sec
12(5)

Residuary / Catch-All Provision

Applies when Sec 12(2), (3), (4) cannot determine TOS

When the Time of Supply cannot be determined under Sec 12(2), (3) or (4), the Residuary Provision kicks in โ€” it is the fallback rule.

A If periodic return is filed โ†’ Date of filing the return
B If tax paid before filing return โ†’ Date of payment of tax
๐Ÿ“… Example
18
Tax Paid
18 July
20
Return Filed
20 July
โœ… T.O.S = 18 July (Tax paid before return โ€” earlier)
๐Ÿ’ธ

Sec 12(6) โ€” Interest, Late Fees & Penalty

Sec
12(6)

Interest / Late Fees / Penalty on Delayed Payment

TOS = Date on which supplier receives the overdue amount

When a supplier charges interest, late fees, or penalty for delayed payment by the recipient, GST is also applicable on such charges. The TOS is the date on which the supplier actually receives the amount (not when it falls due).

๐Ÿ“… Example
โ€”
Invoice โ‚น10,000
Issued
โ€”
Payment Delayed
โ‚น500 late fee
10
Late Amt Received
10 July
โœ… T.O.S = 10 July (Date supplier received delayed payment)

โš ๏ธ Important Note

TOS arises on the date the supplier actually receives the overdue amount โ€” not when it was contractually due. The โ‚น500 late fee also attracts GST, computed at the applicable rate.

๐Ÿ“ข

Key Notifications โ€” Advance Tax on Goods

Three important notifications have shaped how advance payments for supply of goods are treated under GST. The timeline of these notifications is crucial for exams and practice.

PeriodNotificationImputation / Effect
13.10.2017 โ€“ 14.11.2017N/N 40/2017-CTSmall Suppliers (Turnover โ‰ค โ‚น1.5 Cr) โ€” not liable to pay GST on advance received. Tax applicable only on delivery of goods.
15.11.2017 โ€“ 30.09.2023N/N 66/2017-CTExtended benefit to ALL Suppliers of Goods (irrespective of turnover). No GST on advance โ€” pay tax only on delivery / invoice issuance.
From 01.10.2023N/N 50/2023-CTGST applicable on specified actionable claims โ€” e.g., Lottery, Betting, Gambling, Horse Racing. These are now treated as supply and taxed accordingly.

๐Ÿง  The Big Takeaway on Advance for Goods

  • From 15.11.2017 to 30.09.2023 โ€” No GST on advance for goods. Tax arises only when goods are actually supplied (invoice issued / delivery made).
  • This exemption applies to all goods suppliers โ€” small and large alike.
  • The note’s “โ˜… Advance not taxed” remark refers to this notification-based exemption.
  • From 01.10.2023 โ€” N/N 50/2023-CT brings actionable claims like lottery and betting into the GST net as a separate category.
๐Ÿ”œ

Coming Up โ€” Day 8 of #30DaysGSTChallenge

Stay tuned for Day 8 as we continue making GST simplified for every learner! Follow the full challenge at eTaxSave.com โ†’  |  Comment ‘D7’ on Instagram for full notes!

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