Time of supply for continuous supply of goods under the CGST Act. Section 12(2) provides for fixing the...

Time of supply for continuous supply of goods under the CGST Act. Section 12(2) provides for fixing the time of supply as either the date of invoice or the date of payment, whichever is earlier. However, for continuous supply, the relevant period is the period for which the invoice is raised, rather than the point when the invoice is raised. In the present case, the petitioner was required to raise invoices for electricity supply by the 7th of the following month, as per the power purchase agreement. Thus, furnishing the refund application for the preceding month would be in accordance with the Act and Rules. The High Court allowed the writ petitions, setting aside the orders of the lower authorities. .....

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