Page 188 - GSTL_6th August 2020_Vol 39_Part 1

114 GST LAW TIMES [ Vol. 39
(a) the date of issue of invoice by the supplier, if the invoice is is-
sued within the period prescribed under Section 31 or the date
of receipt of payment, whichever is earlier, or
(b) the date of provision of service, if the invoice is not issued
within the period prescribed under section 31 or the dale of
receipt of payment, whichever is earlier, or
(c) date on which the recipient shows the receipt of services in his
books of account, in a case where the provisions of clause (a)
or clause(b) do not apply :
Provided that where the supplier of taxable services received
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 relating to such excess amount.
Explanation : - for the purposes of clauses (a) and (b) -
(i) the supply shall be deemed to have been made to the ex-
tent it is covered by the invoice or, as the case may be, the
payment;
(ii) “the date of receipt of payment” shall be the date on
which the payment is entered in the books of account of
the supplier or the date on which the payment is credited
to his bank account, whichever is earlier”:
2.13 As per Section 13 of CGST Act, liability to pay tax on supply of
services would arise on the date of issue of invoice or date of receipt of payment
whichever is earlier. Time of supply where invoice is not issued within pre-
scribed time U/s. 31 of Act, shall be date of provision service or date of receipt of
payment whichever is earlier. In the present case Tax Invoice is issued on 25-6-
2018 and payment is received on 3-7-2018 and therefore time of supply would be
25-6-2018 and supplier is liable to pay tax on 25-6-2018. Accordingly, the tax is
leviable on supply of impugned works contract services under provision of Sec-
tion 142(2)(a) of GST Act and the applicant has paid tax into the Government
Treasury in the return for month of June, 2018. Hence impugned supply is out-
ward supply under CGST Act and liable to tax under GST Act.
2.14 Since applicant has completed work awarded by ONGC, of interi-
or and civil work, as per explanation note to scheme of classification of services
under GST Act, it would be covered under Tariff-995478 - other building comple-
tion and finishing services and CGST & MGST would be applicable @ 9% each.
2.15 O.E.C. vide report dated 21-5-2019 recommended and directed
ONGC to reimburse Rs. 1,92,50,247/ but till date applicant has neither raised Tax
Invoice for Rs. 1,92,50,247/- on ONGC nor received the said amount. As per the
recommendation of O.E.C., contract value would automatically get enhanced to
the extent of Rs. 1,92,50,247/- which can be said to be upward revision in price
i.e. contract value. Therefore, provision of Section 142(2)(a) would be applicable
which deals with revision in price pertaining to ongoing contract. Section
142(2)(a) provides that, where in pursuance of ongoing contract, price of goods
of services is increased after appointed day, then it shall be treated as outward
supply by registered person under CGST Act and such person shall issue sup-
plementary invoice or debit note within thirty days from date of such price revi-
sion. In present case, as a result of O.E.C. report, dated 21-5-2019, there would be

GST LAW TIMES  6th August 2020  188