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Microlesson · 5-min read

Time of Supply for Spectrum Usage Charges and Similar Services

# Time of Supply — Spectrum Usage and Similar Services

When the Government allots spectrum (or grants similar natural-resource usage rights such as mining leases) to a telecom operator or other licensee, the licensee pays the consideration either upfront or in deferred instalments over the licence period.

## Nature of supply

  • Service is supplied by the Government to the licensee.
  • It is treated as a continuous supply of service because the right is enjoyed over a period, not at a single point in time.
  • Tax is payable by the licensee under reverse charge.

## Time of Supply

Where the licensee opts to make payments in deferred instalments, the time of supply arises as and when the payments are due or made, whichever is earlier — i.e., on a usage / instalment-due basis rather than at the date of allotment.

Where the licensee opts to make a one-time upfront payment, ToS is the date of such payment (or due date, whichever is earlier).

## Why a clarification was needed

Without this clarification, a literal reading could have required the entire GST on the total licence fee to be paid upfront on the date of allotment, even though consideration was actually being paid over many years. The circular aligned ToS with the deferred payment schedule, avoiding a cash-flow burden.

## Quick recall

  • Spectrum / mining rights = continuous supply of service under RCM.
  • Deferred instalments → ToS = each instalment due date / payment date (whichever earlier).
  • Upfront payment → ToS = date of upfront payment.

Worked example

### Example 1

Example — Deferred instalments

A telecom company is allotted spectrum in April 2025 with an option to pay the consideration in 20 annual instalments. The first instalment of ₹50 crore is due on 31 March 2026 and actually paid on 28 February 2026.

Time of supply for ₹50 crore = 28 February 2026, being the date of payment (earlier than the due date). GST is payable on RCM basis on this date.

### Example 2

Example — Upfront payment

The same company instead chooses to pay the entire spectrum consideration of ₹1,000 crore upfront on 15 April 2025.

Time of supply = 15 April 2025 for the full ₹1,000 crore.

⚠️ Common exam mistakes

  • Applying ToS on the entire licence fee at the date of allotment even when the licensee has chosen deferred payment — this is incorrect.
  • Forgetting that GST on spectrum / natural resource grant by Government is payable under reverse charge by the recipient.
  • Treating each instalment as a separate one-time supply instead of recognising the overall continuous supply of service character.
Reference: — CBIC Circular on time of supply for spectrum usage and similar services
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