Goods and Services Tax – GST – By: – Pradeep Jain – Dated:- 30-1-2017 Last Replied Date:- 30-1-2017 – DAILY DOSE OF UPDATE BY CA PRADEEP JAIN Definition of Common Working Days Taking further to our discussion, we are continuing our discussion the definitions given under Section 2 of revised GST law and comparing the same with old model GST law to know the changes made in revised law:- 2(25) Common working days: The new definition reads as follows: Common working days in respect of a State shall mean such days in succession which are not declared as a gazetted holiday by the Central Government or the concerned State Government; This is a new definition added in the Revised GST Act. There is no reference of common working days at any place other than this definition in the Act. However, as per opinion of the author the working days wherever used in Act should be taken as common working days. In the In the absence of the definition, there could have been a scope of litigation because now
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means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis; 2(31) Continuous supply of services: the definition reads as follows: means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such service as the Central or a State Government may, whether or not subject to any condition, by notification, specify; There is no concept of continuous supply of goods under present Central excise or VAT/CST laws. Under service tax, continuous supply of service is defined to mean any service which is provided or agreed to be provided continuously or on recurrent basis, under a contract, for a period exceeding three months with the obligation for payment periodically or from time to time. Govt notified telecom services, works contract service are examples of continuou
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ued or any payment has been received by the supplier of service; (ii) Where the due date of payment is not ascertainable from the contract: When the supplier of service receives the payment, or issues an invoice, whichever is earlier; (iii) Where the payment is linked to the completion of an event: The time of completion of that event; The event of supply is central to levy of GST. When supply of goods or services is not done, mere raising of invoice/payment received is being treated as time of supply. It is not made clear what happens in such a scenario whereby payment is received/invoice raised but supply does not take place. The multiple events, namely raising invoice/making payment in case of supply of goods/services or say completion of event-in case of supply of service triggering the tax levy, confirms that the Govt wants to ensure tax is collected at the earliest point of time. This would create difficulties for long term contracts for supply of goods and/or services, especiall
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