EXAMPLE-54

Mr. Amit an architect,  provided his services  for a fees of Rs 6 lakh  of which on 12th August, 2017 he received  Rs. 2 lakh as advance and balance on 10th  Nov, 2017. Client did not pay for the GST charged on the bill raised on 28th Nov, 2017 for Rs. 6 lakh + (CGST + SGST @ 18%).

(a)                How many times the liability to pay GST arise and when'

(b)               GST due is not paid by the client, whether service provider is liable for GST.

(c)                Determine the liability of GST at each point of time and the due date of payment of GST in each case.

 

  Answer

Time of supply in case of  (a) above

Relevant event (Section 13) earlier of payment or invoice

Total amount received

GST @18% (c)

Due Date of Return and last date of payment of tax

12th  august 2017

Advance receipt of payment

2,00,000

(2,00,000*18/118)= 30,508

20th  September

10th  Nov 2017

Balance payment/invoice

4,00,000

(4,00,000*18/118)= 61017

20th December

 

(b) The amount received is deemed to be inclusive of GST. Rule 35 (Chapter-IV Determination Of Value Of Supply ) specifies that where value of supply is inclusive of integrated tax, central tax, State tax, Union territory tax then tax amount shall be determined in the following manner,

 Tax amount= Value inclusive of taxes X tax rate in % of IGST or as the case may be CGST, SGST or UTGST

                                                                           (100+ sum of tax rates, as applicable, in %)