Champak Ltd. avails legal services from a firm of advocates. The firm issues invoice for the services to Champak Ltd. on 17 th Feb. However, Champak…

CA Intermediate · Taxation · MTP · September 2024
Champak Ltd. avails legal services from a firm of advocates. The firm issues invoice for the services to Champak Ltd. on 17 th Feb. However, Champak Ltd. was not happy with the services provided by the firm as its legal case was not handled by the firm in a professional manner and it resulted in the company losing the case. The company delayed the payment to the firm and finally made the payment on 3 rd November. Determine the time of supply of the legal services provided by the firm of advocates to Champak Ltd.

Suggested Answer and Working Notes:

Tax on services supplied by a firm of advocates by way of legal services to any business entity is payable under reverse charge by such firm of advocates. Time of supply of services that are taxable under reverse charge is earliest of the following two dates in terms of section 13 (3) of the CGST Act, 2017: Date of payment [3 rd November]61 st day from the date of issue of invoice [19 th April] The date of payment comes subsequent to the 61 st day from the issue of invoice by the supplier of service. Therefore, the 61 st day from the date of supplier's invoice has to be taken as the time of supply. This fixes 19 th April as the time of supply.

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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