EXAMPLE-81

Old Co. Ltd of Ghaziabad is in the business of renting of assets like AC, ventilator, generator and other appliance etc. They rented out 4 ACs to Y Ltd.(registered under GST) of Delhi on 1st April for Rs 4000 PM per AC (not including tax) for whole summer season. Company Y Ltd. purchased all 4 ACs, which were rented to them on Ist June for Rs. 1 lakh. How the rental income of AC for April & May would be charged under GST in the Old Co. Ltd books and what will be the time of supply and place of supply of sale of ACs already installed at Delhi in Y Ltd. 

 

Answer  

Supply of service (right to use)

Step 1 (whether covered under supply of goods or services)

Transfer of any assets is covered under section 7 (scope of supply).

Paragraph 5, point (f) of Schedule II specifies that transfer of the right to use of any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration shall be deemed as supply of services.

Thus, renting of AC is taxable as supply of services.

On this supply of services same rate of GST  is applicable as on supply of similar goods [SCHEDULE OF GST RATES FOR SERVICES AS APPROVED BY GST COUNCIL]

Say Air conditioning machine taxable @28% (or rate applicable at the time of supply)

 Step2  Determine place of Supply  

According to Section 12 of IGST Act, place of supply is the location of the registered recipient person.  

In view of the above provision location of supplier and place of supply is in different States

Thus, supplier is required to charge IGST on inter-state supply of services.  

Integrated tax on rent of April = (4000*4)*28%

                                                        = Rs. 4480

Total amount of invoice for the month of April = 16000+4480= Rs. 20480  

 

Integrated tax on rent of May = (4000*4)*28%

                                                        = Rs. 4480

Total amount of invoice for the month of May = 16000+4480= Rs. 20480                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

 

Continuous supply of services ceased on 31st May, therefore, section 31(6) comes into play to decide the remaining aspect of the example. The said section specifies that in a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply effected before such cessation.  

Old Co. Ltd will show supply of services for rent of two months.  

Sale of ACs               

Step 1- Determine whether it amounts to supply.

When rented ACs are sold to Y Ltd. it amounts to supply of goods under GST.  

 Step 2 - Determine Place of supply

As per section 10(1)(c) of IGST Act, where the goods supplied do not involve  movement, the place of supply shall be the location of goods at the time of their delivery. Thus the ACs are already installed at Y Ltd office, thus place of supply is the State of Delhi. 

 Supplier is required to charge IGST on inter-state supply for consideration of Rs. 1 lakh.

 

Step 3 Determine last date of issue of invoice

Section 31(1) specifies that every registered taxable person supplying goods shall issue invoice before or at the time of-

(a)                Removal of goods, when supply involve movement of goods

(b)               Delivery of goods or making available thereof  to the recipient.  

Thus supplier required to issue invoice at the time of delivery of goods i.e. on 1st June .

 Step 4 Determine time of supply

As per section 12(2) time of supply of goods shall be the earliest of the following dates:-

(a)                 Date of issue of invoice

(b)                   Last date on which invoice required to be issued

(c)                Date on which supplier receives payment

If in the above case payment and invoice issued after time limit of issue of invoice i.e. 1st June.

Then time of supply is 1st June itself.  

Rate of GST at the time of supply is the tax rate for collecting IGST.

 

Step 5 During which month the supply will be shown in the monthly return?

 

Supply will be reflected in the return for the month of June.