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MODEL GST LAW - GOODS AND SERVICES TAX ACT, 2016 - Draft June 2016
Contents
(3) In case of continuous supply of services, the time of supply shall be (a) where the due date of payment is ascertainable from the contract, the date on which the payment is liable to be made
by the recipient of service, whether or not any invoice has been issued or any payment has been received by the supplier
of service;
(b) where the due date of payment is not ascertainable from the contract, each such time when the supplier of service
receives the payment, or issues an invoice, whichever is earlier;
(c) where the payment is linked to the completion of an event, the time of completion of that event;
(4) For the purposes of sub section (3) above, the Central or a State Government may on the recommendation of the
Council, specify, by notification, the supply of services that shall be treated as continuous supply of services;
(5) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall
be the earliest of the following dates, namely(a) the date of receipt of services, or
(b) the date on which the payment is made, or
(c) the date of receipt of invoice, or
(d) the date of debit in the books of accounts.
Explanation.- For the purpose of clause (b) of sub-section (5), the date on which the payment is made shall be the date
on which the payment is entered in the books of accounts of the recipient or the date on which the payment is debited in
his bank account, whichever is earlier.
(6) In a case where the supply of services ceases under a contract before the completion of the supply, such services
shall be deemed to have been provided at the time when the supply ceases.
(7) Where it is not possible to determine the time of supply of services in the manner specified in sub-sections (2), (3), (5)
MODEL GST LAW - GOODS AND SERVICES TAX ACT, 2016 - Draft June 2016
Contents
CHAPTER IV
TIME AND VALUE OF SUPPLY
(b) the date on which the supplier issues the invoice with respect to the supply; or
(c) the date on which the supplier receives the payment with respect to the supply; or
(d) the date on which the recipient shows the receipt of the goods in his books of account.
Explanation 1.- The provisions of sub-clause (ii) of clause (a) shall apply in cases where the goods
(a) are physically not capable of being moved; or
(b) are supplied in assembled or installed form; or
(c) are supplied by the supplier to his agent or his principal.
Explanation 2.- For the purposes of sub-clause (ii) of clause (a), the expression made available to the recipient shall
mean when the goods are placed at the disposal of the recipient.
Explanation 3.- For the purposes of clauses (b) and (c) of sub-section (2), the supply shall be deemed to have been made
to the extent it is covered by the invoice or, as the case may be, the payment.
Explanation 4.- For the purpose of clause (c) of sub-section (2), the date on which the supplier receives the payment
shall be the date on which the payment is entered in his books of accounts or the date on which the payment is credited
to his bank account, whichever is earlier.
(3) In case of continuous supply of goods, where successive statements of accounts or successive payments are
involved, the time of supply shall be the date of expiry of the period to which such successive statements of accounts or
successive payments relate. If there are no successive statements of account, the date of issue of the invoice (or any
other document) or the date of receipt of payment, whichever is earlier, shall be the time of supply.
(4) For the purposes of sub section (3) above, the Central or a State Government may, on the recommendation of the
Council, specify, by notification, the supply of goods that shall be treated as continuous supply of goods;
(5) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall
be the earliest of the following dates, namely(a) the date of the receipt of goods, or
(b) the date on which the payment is made, or
(c) the date of receipt of invoice, or
(d) the date of debit in the books of accounts.
Explanation.- For the purpose of clause (b) of sub-section (5), the date on which the payment is made shall be the date
on which the payment is entered in the books of accounts of the recipient or the date on which the payment is debited in
his bank account, whichever is earlier.
(6) If the goods (being sent or taken on approval or sale or return or similar terms) are removed before it is known
whether a supply will take place, the time of supply shall be at the time when it becomes known that the supply has taken
place or six months from the date of removal, whichever is earlier.
(7) In case it is not possible to determine the time of supply under the provisions of subsection (2), (3), (5) or (6), the time
of supply shall
(a) in a case where a periodical return has to be filed, be the date on which such return is to be filed, or
(b) in any other case, be the date on which the CGST/SGST is paid.