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Microlesson · 5-min read

Section 12 – Time of Supply of Goods (Forward Charge, Reverse Charge, Vouchers, Residual, Interest)

# Section 12 – Time of Supply of Goods

## Sec 12(1) – Charging Rule

Liability to pay tax on goods arises at the time of supply determined under this section.

## Sec 12(2) – Forward Charge: Earlier of Two Dates

(a) Date of issue of invoice by supplier, OR the last date by which invoice ought to have been issued under Sec 31 (to the extent invoice covers the supply); OR

(b) Date of receipt of payment by supplier (to the extent payment covers the supply).

### CG's Special Procedure – No Tax on Advance for Goods (Notification 66/2017-CT)

  • Under Section 148, CG notified that GST on outward supply of goods is payable only as per Sec 12(2)(a) — i.e., invoice date.
  • Exceptions: composition suppliers and suppliers of specified actionable claims.
  • Effect: For supply of goods under forward charge, GST is NOT payable on advance; date of receipt of payment becomes irrelevant.
  • Important: This relief is only for goods — NOT services.

### Explanation 2 to Sec 12(2) – "Date of Receipt of Payment"

Earlier of:

  • Date payment is recorded in the books of the supplier, OR
  • Date payment is credited to the supplier's bank account.

### Explanation 1 – Significance of "to the extent invoice/payment covers the supply"

If part consideration is advanced or part-invoice raised, time of supply applies only to that portion.

### Sec 31 – Time Limit for Issuing Invoice (Goods)

SituationTime Limit
Supply involves movementBefore or at the time of removal of goods
No movementBefore or at the time of delivery / making available
Continuous supply of goodsBefore or at the time of issuing periodical statement / receiving periodical payment
Goods sent on approval (sale or return)Before/at supply OR within 6 months from removal, whichever earlier

### Proviso – Excess Payment ≤ ₹1,000

If supplier receives up to ₹1,000 in excess of invoiced amount, the supplier may treat the invoice date as time of supply for the excess. (Practically irrelevant for goods under forward charge because of Notification 66/2017.)

## Sec 12(3) – Reverse Charge: Earliest of Three Dates

(a) Date of receipt of goods, OR

(b) Date payment is recorded in recipient's books OR debited from recipient's bank — earlier, OR

(c) Date immediately following 30 days from date of issue of invoice by supplier.

Fallback: If none determinable → date of entry in recipient's books.

Key contrast: Unlike forward charge, GST IS payable on advance under reverse charge if payment is made before receipt of goods.

## Sec 12(4) – Vouchers Exchangeable for Goods

  • If supply is identifiable at the time of issuedate of issue of voucher.
  • If not identifiable → date of redemption of voucher.

## Sec 12(5) – Residual

Where Sec 12(2)–(4) do not apply:

  • Due date for filing periodical return (where return is to be filed); OR
  • In any other case, date on which GST is paid.

## Sec 12(6) – Interest / Late Fee / Penalty for Delayed Payment

Time of supply for any addition to value on account of interest/late fee/penalty = Date on which the supplier RECEIVES such additional amount.

Worked example

### Example 1

Forward charge with advance (goods): A Ltd. receives ₹50,000 advance on 5-Apr; issues invoice for ₹2,00,000 on 20-Apr; ships goods on 22-Apr.

  • Per Notification 66/2017, no GST on the ₹50,000 advance.
  • Time of supply for entire ₹2,00,000 = 20-Apr (invoice date).

### Example 2

Part supply (Explanation 1): A Ltd. agrees to supply 100 kg raw material, supplies only 80 kg and invoices for 80 kg. Time of supply applies only to the 80 kg covered by the invoice — not 100 kg.

### Example 3

Reverse charge (textbook example): B Ltd. sells goods to C Ltd. on 4-Jun (RCM goods). Invoice: 4-Jun. Goods received: 12-Jun. Payment recorded in books: 30-Jun. Payment debited from bank: 2-Jul. 31st day from invoice = 4-Jul.

  • Earliest of: 12-Jun (receipt) / 30-Jun (book entry, earlier than bank debit) / 4-Jul (30 days+1) = 12-Jun.

### Example 4

Vouchers (identifiable supply): On purchase of a large pizza during Christmas week, a ₹20 voucher for a small pizza is issued. Supply is identifiable → Time of supply = date of issue of voucher.

### Example 5

Vouchers (non-identifiable): A Ltd. sells food coupons to B Ltd. for employee perquisites. Goods/services not identifiable at issue → Time of supply = date of redemption by the employee.

### Example 6

Interest on delayed payment: Goods sold 6-Jun for ₹1,00,000 with 2% p.m. interest on late payment. B Ltd. pays on 6-Jul along with interest.

  • ToS for ₹1,00,000 = 6-Jun (invoice/removal).
  • ToS for interest = 6-Jul (date supplier receives interest).

⚠️ Common exam mistakes

  • Applying date of receipt of payment as time of supply for advance against goods under forward charge — Notification 66/2017 has removed this; only invoice date matters.
  • Treating reverse charge advance the same as forward charge — under RCM, GST IS payable on advance for goods.
  • Forgetting the special 6-month rule for goods sent on approval (sale or return) basis.
  • Misreading Sec 12(3)(c) — it is 30 days + 1 (i.e., the day immediately following 30 days), NOT the 30th day.
  • Treating a voucher as always taxed on redemption — if supply is identifiable at issue, ToS is the issue date.
  • Confusing Explanation 1 (proportionality — to extent invoice/payment covers) with the rule itself.
Reference: Section 12 — CGST Act, 2017
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