Question
1) We are getting delay interest payment on
Yarn sales after Due dates in two types as below.
a) First Type Ex. If I receive Rs. 100/- as delay interest & GST as per bill is
18/- totalling Rs 118/- and party had paid the Interest after deducting TDS
(i.e. 100+18=118-10=108/-paid).
b) Second Type Ex. Party had paid the Interest Amount without GST (i.e. only
100/- less tds 10 = 90/-). In this case what to do?
2) On 31-03-18 we have ready Job Work Stock and book job work Stock in Financial
report as receivable income of 31-03-18 and billed the same stock in April
month. we have to Pay GST on It in March itself or it is Ok if we billed in
April and pay GST.
Answer
Point wise reply to your query is as follows:
1. In case of second type transaction Interest paid without GST will be treated
as inclusive of GST and tax amount is calculated as per the provision specified
in Rule 35 of CGST Rules i.e.
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 %)
Thus tax amount in your case will be (100 * 18) / 118.
2. In GST point of taxation is determined as per the provisions of Time of
supply. As job work is a supply of service therefore Time of supply is to be
determined as per section 13 of CGST Act which is as follows:
The time of supply of services shall be the earliest of the following dates,
namely:'
(a) the date of issue of invoice by the supplier, if the invoice is issued
within the period prescribed under sub-section (2) of section 31 or the date of
receipt of payment, whichever is earlier; or
(b) the date of provision of service, if the invoice is not issued within the
period prescribed under sub-section (2) of section 31 or the date of receipt of
payment, whichever is earlier; or
(c) the date on which the recipient shows the receipt of services in his books
of account, in a case where the provisions of clause (a) or clause (b) do not
apply
Thus if in your case events related to issue of invoice and receipt of payment
occurs in April then as per the above provision, TOS in this case is in April.
Whereas you have to reconcile books of account and GST returns in the
reconciliation statement because in accounting we follow Accounting Principles.
(Reply dt.07/08/2018)