Gst at receipt of advance

235 views 6 replies

Dear Friends

Proviso to rule 50 of CGST Rules says

Provided that where at the time of receipt of advance,-

  1. the rate of tax is not determinable, the tax shall be paid at the rate of 18%;
  2. the nature of supply is not determinable, the same shall be treated as inter-State supply.

 

My question is that when its becomes known that the supply was actually Intra-state or when it becomes known that the tax rate was actually 12%, then what needs to be done by the supplier and the recipient?

 

regards

shivani

Replies (6)

For Receiver

No ITC is allowed on advance payment to suppliers , ITC is aloowed only on receipt of Tax Invoice

For Supplier

GST is to be paid advance amount received , if there is any cange in rate of tax it is to dealt with as per provisions of GST 

as Inter state or Intra state is conern it is more clear at the time of supply or receipt of advance 

get on advance received against supply of goods(but not supply of service)suspended from 15 Nov'17.please find the official notification for the same in cbec website.

Dear rakesh

my question is that supplier at the time of receipt by following the mentioned proviso deposited IGST 18% to the governemnet..

bu later the actual supply that was materialised in pursuance of this advance was an intra state supply and the rate of goods/services supplies was 12%. so supplier should have deposited CGST/SGST 12% but what he did was IGST 18%.

what will supplier do now

regards

So in this case please cancell the original invoice issued under IGST and issue fresh invoice charging CGST and SGST for next months return

GST is to be paid advance amount received if there is any change in the rate of tax it is to deal with as per provisions of GST.https://registerexperts.com

@ Rakesh

No invoice is issued in GST at the time of receipt. only a receipt voucher is issued so question of cancelling doesnt arise.

Query remains open ! 

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