TaxTMI 
TaxTMI 
2025 (4) TMI 222
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....quids, whether or not fitted with a measuring device. The applicant, is registered with the department and his registration number is 24ABHFA1567A1ZZ. 2. In this application, he has stated that they were duped by a group of persons who fraudulently placed a bogus order by falsifying the same to make it appear as an order from Matak Autonomous Council. Consequent to supply of the goods, the applicant realized that the order documents, etc., purportedly from Matak Autonomous Council, were forged. 3. It is on this background, that the applicant has sought advance ruling on the below mentioned question viz "(a) Whether the goods supplied by us [becoming victim of fraud without receiving consideration] could be considered as suppl....
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....ter the appointed day shall be liable to tax under the provisions of this Act regardless of whether the transactions for such import of services had been initiated before the appointed day: Provided that if the tax on such import of services had been paid in full under the existing law, no tax shall be payable on such import under this Act: Provided further that if the tax on such import of services had been paid in part under the existing law, the balance amount of tax shall be payable on such import under this Act. Explanation.- For the purposes of this section, a transaction shall be deemed to have been initiated before the appointed day if either the invoice relating to such supply or payment, either in full o....
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.... Services Tax Act, 2017 Section 12. Time of Supply of Goods (1) The liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) The time of supply of goods shall be the earlier of the following dates, namely :- (a) the date of issue of invoice by the supplier or the last date on which he is required, under section 31, to issue the invoice with respect to the supply; or (b) the date on which the supplier receives the payment with respect to the supply: Explanation 1.- For the purposes of clauses (a) and (b), "supply" shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the p....
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....ly. 11. Section 12 of the CGST Act, 2017, made applicable in terms of section 20(iii) of the IGST Act, 2017, states that the point of taxation in terms of supply of goods shall be determined in accordance with the provisions of section 12 of the CGST Act, 2017; that the time of supply of the goods would be earlier of the following (a) the date of issue of invoice by the supplier or the last date on which he is required, under section 31, to issue the invoice with respect to the supply; or (b) the date on which the supplier receives the payment with respect to the supply. Further, explanation 1 to section 12 states that "supply" shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the paymen....
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....here has to be a transfer of ownership of goods, that price is a consideration & that all the essential elements of a valid contract viz competent parties, free consent, legal object, etc., are required for a contract to be held as valid contract. The applicant has further relied on the judgement of Hon'ble Supreme Court in the case of Devas Multimedia P Ltd v/s Antrix Corporation Ltd and Anr to substantiate this argument. 14. We are not inclined to accept this argument. Under the Goods and Services Tax Act, 2017, the levy is on supply of goods and services, or both, except taxes on supply of alcoholic liquor for human consumption in terms of Article 366(12A) of the Constitution of India. The word used is 'supply' and not 'sale'. Now, su....
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....hedule II. (2) Notwithstanding anything contained in sub-section (1),- (a) activities or transactions specified in Schedule III; or (b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services. (3) Subject to the provisions of [sub-sections (1), (1A) and (2)], the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as - (a) a supply of goods and not as a supply of services; or ....