Section 13
Section 13 of the CGST Act, 2017 – Time of Supply of Services
Layman Meaning:
Section 13 tells us when GST becomes payable on a service transaction. In simple words, it determines the date on which the government considers a service to have been supplied for GST purposes.
General Rule
The Time of Supply of Services is the earlier of:
- Date of issue of invoice, or
- Date of receipt of payment.
Simple Example
- Consultancy service provided: 10 June
- Invoice issued: 15 June
- Payment received: 12 June
Time of Supply = 12 June (earlier date)
Therefore, GST liability arises on 12 June.
If Invoice is Not Issued Within Prescribed Time
The Time of Supply will be the earlier of:
- Date of provision of service, or
- Date of receipt of payment.
Reverse Charge Mechanism (RCM)
For services covered under RCM, the Time of Supply is the earlier of:
- Date of payment by recipient, or
- 60 days from supplier's invoice date.
Example:
- Advocate invoice dated: 1 June
- Payment made: 20 June
Time of Supply = 20 June
If payment is not made within 60 days, GST becomes payable on the expiry of 60 days from the invoice date.
Interest, Late Fee or Penalty
If additional amount is received as:
- Interest
- Late fee
- Penalty for delayed payment
GST liability arises on the date of receipt of such amount.
CA Exam / Practical Shortcut
|
Transaction |
Time of Supply |
|
Normal Service |
Earlier of Invoice Date or Payment Date |
|
Invoice not issued on time |
Earlier of Service Date or Payment Date |
|
Reverse Charge Service |
Earlier of Payment Date or 60 Days from Invoice |
|
Interest/Late Fee/Penalty |
Date of Receipt |
One-Line Summary
Section 13 of CGST Act determines the date on which GST becomes payable on services, generally being the earlier of the invoice date or payment receipt date.
The content provided in this article is intended solely for educational and informational purposes and should not be construed as professional accounting, taxation, legal, or financial advice. Readers are advised to consult a qualified professional before making any financial, tax, legal, or business decisions based on the information contained herein.Disclaimer