GST #Issue16 : GST on Advance Payment for Goods and Services

By | January 10, 2017
(Last Updated On: May 7, 2017)

Taxation of Advance Payments received for goods/ services under GST Regime

 

Provisions in GST relating to Taxation of Advance Payments for Goods or Services

[ Read GST on Advance Payments of Goods & Services – Analysis after CGST Act 2017 and IGST Act 2017)

In terms of section 12 (Time of Supply of Goods)  & Section 13 (Time of Supply of Services) of the Revised Model GST Law, , time of supply of goods or services shall be earliest of

  • date of issue of invoice or
  • receipt of payment.

Thus, in situations where the recipient of goods/ services makes an advance payment as per payment terms to the supplier, the tax is liable to be paid on such advance payment.

As per Section 16 (3)   (Eligibility and conditions for taking input tax credit ) of Revised Model GST Law, person will not be able to claim Input Tax Credit until receipt of the Invoice and Goods :-

No registered taxable person shall be entitled to the credit of any input tax in respect of any supply of goods and/or services to him unless,-

(a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other taxpaying document(s) as may be prescribed;

(b) he has received the goods and/or services;

(c) the tax charged in respect of such supply has been actually paid to the account of the appropriate Government, either in cash or through utilization of input tax credit admissible in respect of the said supply; and

(d) he has furnished the return under section 34:

Issue relating to Taxation of Advance Payments for Goods or Services under GST

This contradicts with charging section 8 where levy is on supply. Suppose after Advance Payment supply does not happen for any reason like dispute , natural calamity etc  , than what will happen to the GST already Paid on advance payment ?

Charging GST on Advance payment is also  diametrically opposite to the law laid down by the Hon’ble Supreme Court in the case of Collector of Central Excise, Hyderabad v. Vazir Sultan Tobacco Company Ltd., Hyderabad CIVIL APPEAL NO. 3199 OF 1986

Further, Levy of GST on advance payments will disproportionately increase the cost of compliance without any substantial benefit to revenue as tax on total payment has to be made once it is received. The GST would be levied on the
supply and to keep track of advance received or invoices issued will create administrative / accounting hassles to the tax payers. Government will not earn any extra revenue by this measure except receiving some small part of revenue in advance; but it entails lot of extra documentation on the part of supplier. Even today the taxability of excise or VAT/CST is on either removal of goods or Invoicing to customer.

Suggestions relating to Taxation of Advance Payments for Goods or Services under GST

  • Only the date of receipt of payment (final consideration) would be taken into account and not the date of receipt of advance payment for GST, or
  • Input tax credit of tax paid on such advances received by the supplier should be available to the recipient without being the condition of Receipt of Goods/Services.

Related Post on GST Issue

GST #Issue1-GST Tax Credit of Capital Goods received on or after Appointed Date ?

GST #Issue2- Pay GST on leasing out farmland on rent

GST #Issue3 : Software is Goods or Service under GST ?

GST #Issue4- Tax On High Seas

GST #Issue5 : Pay GST on Services by Overseas branch office to Head Office in India

GST #Issue6 ; When to Pay GST on Gift Vouchers

GST #issue7- Recipient has to ensure that Supplier pays tax to claim ITC

GST #Issue8 ; Check posts in India will continue under GST regime also ?

GST #Issue9 How Turnover will bring litigations under GST regime

GST #Issue10 : Taxation of Electricity under GST Regime ?

GST #Issue11 Manufacturer under Revised GST Law from Repealed Act ?

GST #Issue12 : Works contract under Revised Model GST Law needs Amendment

GST #Issue13 why Reverse Charge under Revised GST Law needs Amendment

GST #Issue14 – Power of Govt to retrospectively Change Exemption from GST

GST #Issue15 – No Remission from GST for deficiency in Quantity supplied

 

Direct Taxes Ready ReckonerService Tax Ready ReckonerCompany Law Ready Reckonertax deduction at source
New Books Released on Tax , GST and law

Leave a Reply

Your email address will not be published. Required fields are marked *