9911796707
TMI BlogClarification on time of supply of services of spectrum usage and other similar services under GST.X X X X Extracts X X X X X X X X Extracts X X X X ..... on (i.e. the telecom operator) opts for making payments in instalments under deferred payment option as per Frequency Assignment Letter (FAL) issued by Department of Telecommunication (DoT), Government of India. 2. In order to clarify the issue and to ensure uniformity in the implementation of the provisions of law across the field formations, the Commissioner, in exercise of his powers conferred by section 168 of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the WBGST Act ), hereby clarifies the issues as under: S.No. Issue Clarification 1. In cases of spectrum allocation where the successful bidder (i.e. the telecom operator‟) opts for making payments in instalments as mentioned in the Notice Inviting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upply of services shall arise at the time of supply. In case of forward charge supplies, the time of supply of services is governed by section 13(2) of WBGST Act, which is the earlier of date of issue of invoice by the supplier or date of provision of service or the date of payment, as the case maybe. 2.3 However, in respect of supply of services, on which tax is paid or liable to be paid on reverse charge basis, as per Section 13(3) of WBGST Act, 2017, the time of supply of services shall be the earlier of the following dates, namely:- (a) 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 (b) the date immediately following sixty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clarified that in case where full upfront payment is made by the telecom operator, GST would be payable when the payment of the said upfront amount is made or is due, whichever is earlier, whereas in case where deferred payment is made by the telecom operator in specified instalments, GST would be payable as and when the payments are due or made, whichever is earlier. 4. It is also clarified that the similar treatment regarding the time of supply, as is discussed in the above paras, may apply in other cases also where any natural resources are being allocated by the government to the successful bidder/purchaser for right to use the said natural resource over a period of time, constituting continuous supply of services as per the definition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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