Page 169 - GSTL_18th June 2020_Vol 37_Part 3

2020 ] IN RE : DOLPHIN DIE CAST (P) LTD. 383
the applicant inform the Thailand supplier to scarp the Die at their end. With this
in background applicant has sought advance ruling on the questions as men-
tioned in para 4 and 7 above.
14. As per the IGST Act, 2017, the “export of goods” and “import of
goods” are defined as under :
Section 2(5) of the IGST Act defines the export of goods as - “export of
goods” with its grammatical variations and cognate expressions, means
taking goods out of India to a place outside India; and
Section 2(10) of the IGST Act defines the import of goods as - “import of
goods” with its grammatical variations and cognate expressions, means
bringing goods into India from a place outside India;
15. Further, the time of supply of goods as per Section 12 of the CGST
Act, 2017 is as under :
12. Time of Supply of goods. - (1) The liability to pay tax on goods shall
arise at the time of supply, as determined in accordance with the provisions
of this section.
(2) The time of supply of goods shall be the earlier of the following dates -
namely :-
(a) the date of issue of invoice by the supplier or the last date on
which he is required, under sub-section (1) of section 31, to is-
sue the invoice with respect to the supply; or
(b) the date on which the supplier receives the payment with re-
spect to the supply :
Provided that where the supplier of taxable goods receives an amount up to
one thousand rupees in excess of the amount indicated in the tax invoice,
the time of supply to the extent of such excess amount shall, at the option of
the said supplier, be the date of issue of invoice in respect of such excess
amount.
Explanation 1. For the purposes of clauses (a) and (b), “supply” shall be
deemed to have been made to the extent it is covered by the invoice or, as
the case may be, the payment.
Explanation 2. - For the purposes of clause (b), “the date on which the sup-
plier receives the payment” shall be the date on which the payment is en-
tered in his books of account or the date on which the payment is credited
to his bank account, whichever is earlier
(3) In case of supplies in respect of which tax is paid or liable to be paid on
reverse charge basis, the time of supply shall be the earliest of the following
dates, namely :-
(a) the date of the receipt of goods; or
(b) the date of payment as entered in the books of account of the
recipient or the date on which the payment is debited in his
bank account, whichever is earlier; or
(c) the date immediately following thirty days from the date of is-
sue of invoice or any other document, by whatever name
called, in lieu thereof by the supplier :
Provided that where it is not possible to determine the time of supply un-
der clause (a) or clause (b) or clause (c), the time of supply shall be the date
of entry in the books of account of the recipient of supply.

GST LAW TIMES  18th June 2020  169