Time of supply under GST governs flat purchase consideration where the statutory Explanation fixes the trigger for tax incidence.

GST liability on balance consideration for a flat purchase turned on the statutory time of supply rule in Section 13 of the CGST Act. The analysis states that, even though the balance amount was paid before GST commenced, the later exercise of the flat-purchase option brought the transaction within the GST framework because Section 13(2)(b) fixes tax incidence by the earlier of service provision or payment receipt, and its Explanation defines receipt of payment by reference to the supplier's books or bank account. The Explanation was treated as operative text that could not be ignored to defer tax incidence, and no error apparent justified review.

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Issues: Whether GST was payable on the balance consideration for the flat purchase transaction under Section 13 of the Central Goods and Services Tax Act, 2017, and whether the review petition could succeed on the alleged error in the earlier order.

Analysis: The balance amount had been paid before the GST regime commenced, but the later exercise of the flat-purchase option brought the transaction within the GST framework. Section 13(2)(b) fixes the time of supply by reference to the earlier of the date of provision of service and the date of receipt of payment, and the Explanation to that provision defines receipt of payment by reference to the supplier's books or bank account, whichever occurs earlier. The Explanation could not be ignored or read down, because it clarifies the statutory phrase and prevents the provision from being defeated by postponing registration or possession. The transaction therefore attracted GST, and there was no error apparent on the face of the record warranting review.

Conclusion: GST was held payable on the balance amount, the review petition failed, and the interim application seeking recall of the protective order succeeded.

Final Conclusion: The liability to pay GST on the disputed balance consideration was affirmed, the earlier protective reliefs were withdrawn to the relevant extent, and the parties' further rights were left to the arbitral proceedings.

Ratio Decidendi: Where a statutory provision fixes tax liability at the earliest relevant event and expressly explains the triggering date, the Explanation must be applied as part of the operative text and cannot be excluded to postpone tax incidence beyond the statutory scheme.

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