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  • Transactions:: 8.4 Supply of Goods Other Than Discussed in Paras 8.5 To 8.6

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    This document contains summaries of provisions around the time of supply for goods from India's GST legislation. It discusses how the time of supply is the earliest of the date of issue of invoice or the date of receipt of payment. It also describes what constitutes removal of goods and the circumstances where goods can be transported without an invoice using a delivery challan, such as for liquid gas, job work, or other non-supply reasons. The key details required on a delivery challan are also summarized.

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    This document contains summaries of provisions around the time of supply for goods from India's GST legislation. It discusses how the time of supply is the earliest of the date of issue of invoice or the date of receipt of payment. It also describes what constitutes removal of goods and the circumstances where goods can be transported without an invoice using a delivery challan, such as for liquid gas, job work, or other non-supply reasons. The key details required on a delivery challan are also summarized.

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    95 views2 pages

    Transactions:: 8.4 Supply of Goods Other Than Discussed in Paras 8.5 To 8.6

    Uploaded by

    GAURAV
    This document contains summaries of provisions around the time of supply for goods from India's GST legislation. It discusses how the time of supply is the earliest of the date of issue of invoice or the date of receipt of payment. It also describes what constitutes removal of goods and the circumstances where goods can be transported without an invoice using a delivery challan, such as for liquid gas, job work, or other non-supply reasons. The key details required on a delivery challan are also summarized.

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    of 2

    4.

    6-3 Transfer

    Schedule II specifies various transactions which are to be treated as


    supply of goods or services. Clause (1) inter alia specifies following 3
    transactions :

    (a) Any transfer of the title in goods is a supply of goods.

    (b) Any transfer of goods or of right in goods or of undivided share in


    goods without the transfer of title thereof, is a supply of services.

    (c) Any transfer of title in goods under an agreement which stipulates


    that property in goods will pass at a future date upon payment of
    full consideration as agreed, is a supply of goods.

    8.4 Supply of goods other than discussed in paras 8.5 to 8.6

    The time of supply shall be determined as per the provisions contained


    in sub-section (2) of section 12.
    8.4-1 Earliest of the following dates

    As per sub-section (2) time of supply of goods shall be the earliest of the
    dates of any of the following event:
    (z) Date of issue of invoice [See para 8.4-la]
    (iz) Date on which payment is received [See para 8.4-lb]
    The basis on which above dates are discussed below :

    8.4-la DATE OF ISSUE OF INVOICE- As per section 31, registered taxable


    person supplying taxable goods shall, before or at the time of,-

    ( a) Removal of goods for supply to the recipient, where the supply


    involves movement of goods, or

    (b) Delivery of goods or making available thereof to the recipient, in


    any other case,
    issue the tax invoice containing the details specified in section 3 1 and
    specified in the invoice rules. Thus ,it is mandatory for registered taxable
    person to issue the invoice at tHe time specified in this section.
    The section
    12(2) considers the date of issue of invoice as the one of the event for
    computing time of supply of goods.
    The invoice is required to be prepared before or at the time of
    performing the activity of either removal or delivery of goods or making
    available of the goods to the recipient. Thus, the obligation on supplier
    of goods is to prepare the invoice latest by performing any of the above
    three activities. For example, say a person Mr. X dispatches the goods
    to Mr. Y from his godown in Jaipur on 28/07/2017. Mr. X can send the
    invoice to Mr. Y before 28/07/2017 or must prepare the invoice before
    this date. The meaning of removal is as follows:
    REMOVAL - Section 2(96) of the GST Act defines 'removal' as
    follows:
    (96) "removal", in relation to goods, means -
    (a) despatch of the goods for delivery by the supplier thereof or by
    any other person acting on behalf of such supplier, or
    (b) collection of the goods by the recipient thereof or by any other
    person acting on behalf of such recipient;"

    The clause (a) of the definition means that the goods are handed over
    to any person for delivery to the recipient. The goods can be handed
    over through courier, through other transporters or loaded on vehicle
    owned by the supplier, etc. The substance is that the supplier while
    giving the goods have the intention to dispatch the goods to the recipient.
    The goods can be under the custody of the supplier or any person (say
    agent) acting on behalf of the supplier. In case the goods are in the
    custody of the agent, the goods will be handed over through courier,
    through other transporters or loaded on vehicle owned by the agent.
    This act of agent will also be considered as 'removal' by the principal.
    The clause (b) of the definition is applicable when the recipient has sent
    the conveyance or the person for the purpose of collection of goods
    from the supplier. The contract may provide that the recipient may
    organize the conveyance for transporting the goods to his location. In
    such cases, the invoice shall be prepared on or before the goods are
    handed over to the person representing the recipient..

    23.5-14 Transportation of goods without invoice


    Rule 8 of the Tax Invoice, Credit and Debit Note Rules specifies the circumstances
    for transportation of goods '"ithout invoice. The goods can
    be transported under a delivery challan. The circumstances in which
    the goods can be transported under delivery challan are:
    (a) supply of liquid gas where the quantity at the time of removal
    from the place of business of the supplier is not known;
    (b) transportation of goods for job work;
    (c) transportation of goods for reasons other than by way of supply, or
    (d) such other supplies as may be notified by the Board.
    23.5-14a CONTENTS OF DELIVERY.CHALLAN- The Rule 8(1) of the Tax
    Invoice, Credit and Debit Note Rules provides that a delivery challan
    shall be serially numbered and shall contain the following:
    (z) date and number of the delivery challan;
    (iz) name, address and GSTIN of the consigner, if registered;
    (iiz) name, address and GSTIN or UIN of the consignee, if registered;
    (iv) HSN code and description of goods;
    ( v) quantity (provisional, where the exact quantity being supplied is
    not known);
    ( vz) taxable value;
    (viz) tax rate and tax amount- central tax, State tax, integrated tax,
    Union territory tax or cess, where the transportation is for supply
    to the consignee;
    ( viiz) place of supply, in case of inter-State movement, and
    ( i.x) signature.
    The delivery challan shall be titled as "FORM WAY BILL".
    23.5-14b NUMBER OF COPIES- As per Rule 8(2) of the Tax Invoice, Credit
    and Debit Note Rules, the delivery challan shall be prepared in triplicate
    with the following remarks:
    (a) the original copy being marked as ORIGINAL FOR CONSIGNEE;
    :.,
    )II:

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