Example
ABC Ltd. provides Consultancy Services to Mr B for Rs 10000 and invoice was also
raised for the same. but later on it charged Rs 1500 as late fee for delay in
payment of consideration on part of Mr B. Whether such late fee will form part
of value of services for the purpose of GST?
Answer
Section 15(2)(d) of CGST act specifies that interest or late fee or penalty for
delayed payment of any consideration for any supply shall form part of value of
services. Thus the late fee charged by ABC Ltd. shall form part of value of
supply, thus GST would be chargeable on Rs. 10000+ Rs. 1500 = Rs. 11500.
According to Sec 34, where a tax invoice has been issued for supply of any goods
or services or both and the taxable value or tax charged in that tax invoice is
found to be less than the taxable value or tax payable in respect of such
supply, the registered person, who has supplied such goods or services or both,
shall issue to the recipient a debit note containing such particulars as may be
prescribed. Accordingly, supplier would issue a debit note to the buyer in this
case for Rs. 1500 + tax as applicable.