GST Session Solution
GST Session Solution
Illustration 01
Examine whether the following activities would be treated as supply under GST law?
   1) Mr. Sonu from Chandigarh purchased a water cooler from Malhotra Bros. of
      Hoshiarpur for 25,000 to donate it to a temple situated in Hoshiarpur. Mr. Sonu
      directed Malhotra Bros. to engrave the words on the water cooler- "Donated by
      Mr. Sonu from Chandigarh" and dispatch the water cooler directly to the temple.
 2) Wesco Ltd, a registered person in Ahmedabad (Gujarat) having head office located
    in Singapore, received management consultancy services free of cost from its
    head office.
                                                                        [PYQ Nov 23]
Solution
Illustration 02
Gagan Engineering Pvt. Ltd., registered in Haryana, is engaged in providing
maintenance and repair services for heavy steel machinery. For carrying out the repair
work, Gagan Engineering Pvt. Ltd. sends its container trucks equipped with items like
repair equipments, consumables, tools, parts etc. from Haryana workshop to its own
repairing centres (registered under GST law) located in other States across India where
the clients’ machinery are being brought and are being repaired. Discuss the leviability
of GST on the inter-State movement of trucks from the workshop of Gagan Engineering
Pvt. Ltd. in Haryana to its own repairing centres located in other States across India
Solution
As per section 25(4) of the CGST Act, 2017, a person who has obtained more than one
registration, whether in one State or Union territory or more than one State or Union
territory shall, in respect of each such registration, be treated as ‘distinct persons’.
Schedule I to the CGST Act specifies situations where activities are to be treated as
supply even if made without consideration. Supply of goods and/or services between
‘distinct persons’ as specified in section 25 of the CGST Act, 2017, when made in the
course or furtherance of business is one such activity included in Schedule I under para
2.
However, as per CBIC circular, the inter-State movement of various modes of
conveyance including, inter alia, trucks, carrying goods or passengers or both or for
repairs and maintenance, between ‘distinct persons’ as specified in section 25(4) of the
CGST Act, 2017, not involving further supply of such conveyance, may be treated
‘neither as a supply of goods nor supply of service’ and therefore, will not be leviable to
IGST. Applicable CGST/SGST/IGST, however, shall be leviable on repairs and
maintenance done for such conveyance
Thus, in the given case, inter-State movement of trucks from the workshop of Gagan
Engineering Pvt. Ltd. located in Haryana to its repair centers located in other States is
‘neither a supply of goods nor supply of service’.
Illustration 03
The goods supplied on hire purchase basis will be treated as supply of services.
Examine the Validity of the statement
                                                                          [MTP May 23]
Solution
The statement is not correct. Supply of goods on hire purchase shall be treated as
supply of goods as there is transfer of title at a future date.
Illustration 04
Examine the implications of GST on supply of food and beverages at cinema halls.
                                                                        [RTP May 24]
Solution
Eating joint is a wide term which includes refreshment or eating stalls/ kiosks/ counters
or restaurant at a cinema also.
The cinema operator:
1) may run these refreshment/eating stalls/kiosks/counters/ restaurant themselves
       or
2) they may give it on contract to a third party.
The customer may like to avail the services supplied by these refreshment/snack
counters or choose not to avail these services. Further, the cinema operator can also
install vending machines, or supply any other recreational service such as through coin
operated machines etc. which a customer may or may not avail.
It is hereby clarified vide Circular No. 201/13/2023 GST dated 01.08.2023 that:
a) supply of food or beverages in a cinema hall is taxable as ‘restaurant service’ as long
   as:
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CA Jasmeet Singh Arora
Illustration 05
Examine the implications of GST on payment of honorarium to the Guest Anchors.
                                                                          [RTP Nov 23]
Solution
Sansad TV and other TV channels invite guest anchors to participate in their shows and
pay remuneration to them in the form of honorarium.
It is clarified that supply of all goods & services are taxable unless exempt or declared
as ‘neither a supply of goods nor a supply of service’. Services provided by the guest
anchors in lieu of honorarium attract GST liability.
However, guest anchors whose aggregate turnover in a financial year does not exceed
20 lakh (10 lakh in case of specified Special Category States) shall not be liable to take
registration and pay GST.
Illustration 06
List any 5 (Five) activities/transactions specified under Schedule III of the CGST Act, 2017
which shall be neither treated as supply of goods nor as supply of services. Detailed
explanations is not required.                               [PYQ May 23 & MTP Sep 24]
Solution
Activities or transactions which shall be treated neither as a supply of goods nor a
supply of services are as under:-
(1) Services by an employee to the employer in the course of or in relation to his
    employment.
(2) Services by any court or Tribunal established under any law for the time being in
    force.
(3) Functions performed by the Members of Parliament, Members of State
    Legislature, Members of Panchayats, Members of Municipalities and Members of
    other local authorities.
(4) Services of funeral, burial, crematorium or mortuary including transportation of
    the deceased.
(5) Sale of land and, subject to paragraph 5(b) of Schedule II, sale of building. (i.e. in
    case, where entire consideration for sale of building received after issuance of
    completion certificate or after its first occupation, whichever is earlier).
Illustration 06
Happy Constructions Ltd., a registered builder under GST in Bengaluru, Karnataka has
got permission to build five floors from the
Municipal Projects for one of its projects at Suraj Nagar. Aditya Constructions, a
neighboring housing project approached Happy Constructions Limited to discuss
                                                                                              4
CA Jasmeet Singh Arora
regarding blockage of sun light issue arising out of construction of five floors and asked
it to build only three floors for which 20 lakh was offered as compensation. Happy
Constructions Limited agreed to the offer. It may be noted that Aditya Constructions is
not ready to pay any further amount to Happy Constructions Ltd. in addition to the
amount already agreed.
Briefly explain with correct legal provision whether the above amount received as
compensation is liable to GST or not? And if considered as taxable, then calculate the
total GST payable by Happy Constructions Ltd. Assume the applicable rate of CGST and
SGST is 9% each.
Also state the conditions to be complied with.                          [RTP May 24]
Solution
Agreeing to obligation to refrain from an act, or to tolerate an act or situation, or to do
an act has been specifically declared to be a supply of service vide para 5(e) of Schedule
II of the CGST Act, 2017 if the same constitutes a supply as per the CGST Act, 2017.
In the given case, Happy Constructions Limited has agreed to build only three floors,
even though it is permitted to construct five floors by the Municipal Authorities, for a
compensation of 20 lakh. This results in supply of service.
The conditions to be complied with for the above supply will be
(a)      There must be an expressed or implied agreement or contract must exist.
(b)      Consideration must flow in return to this contract/ agreement.
Since Aditya Constructions is not ready to pay any further amount to Happy
Constructions Limited in addition to the amount already agreed, the amount received
20 lakh shall be treated as inclusive of GST and the GST payable will be 20,00,000 x 9/118
= 1,52,542.37 or 1,52,542 (rounded off) as CGST and SGST each.
Illustration 07
LSP Ltd., a registered supplier, sold a machine to Balwant Ltd. It provides the following
information in this regard: -
  S. No. Particulars                                                          Amount
Illustration 08
Shri Krishna Pvt. Ltd., a registered supplier, furnishes the following information relating
to goods sold by it to Shri Balram Pvt. Ltd.-
 S. No. Particulars                                                          Amount
Illustration 09
Red Pepper Ltd., Delhi, a registered supplier, manufactures taxable goods. It provides
the following details of taxable inter-State supply made by it during the month of
March.
                                                                                                7
CA Jasmeet Singh Arora
Illustration 10
Guru Enterprises (Delhi), a registered taxpayer, made a taxable supply to Y Ltd. (Delhi).
The details of the said supply are as follows:
  Particulars                                                             Amount
 Price of the goods (excluding any tax or discounts)                         10,00,000
 Tax levied by the Municipal Authority                                       10,000
  Subsidy received from Jiva Enterprises Pvt Ltd. (The price above is         1,00,000
  after consideration of such subsidy amount)
  Amount incurred by Y Ltd. for post delivery inspection. (Charges            5,000
  incurred post receipt of goods by Y Ltd.)
 In respect of above supply, Guru Enterprises had procured some raw material from X
Ltd., for which it owed Rs.25,000. The said amount was directly paid by Y Ltd. to X Ltd.
and was not included in the price of goods of 10,00,000 mentioned above.
The payment of consideration for above supply was delayed by Y Ltd. Hence, an interest
amount of Rs. 20,000 (in lumpsum) was also charged by Guru Enterprises.
The applicable tax rates are - CGST - 6%, SGST - 6% and IGST - 12%. You are required to
determine the taxable value as well as the applicable tax liability for the said supply
transaction.
                                                            [MTP May 23 & MTP Sep 24]
Solution
                      Computation of taxable value and tax liability
 Particulars                                                                    Amount
Illustration 11
Gulati Ltd., a registered supplier in Mumbai (Maharashtra), has supplied goods to Mridul
Traders and Kalu Motors Ltd. located in Ahmedabad (Gujarat) and Pune (Maharashtra)
respectively. Gulati Ltd. has furnished the following details for the current month:
 S. No.     Particulars                               Mridul Traders Kalu Motors
                                                                         Ltd.
  (i)       Price of the goods (excluding GST)                 10,000            30,000
  (ii)      Packing charges                                        500
 (iii)         Commission                                         500
 (iv)          Weighment charges                                                      2,000
 (v)      Discount for prompt payment                                               1,000
          (recorded in the invoice)
Items given in points (ii) to (v) have not been considered while arriving at price of the
goods given in point (i) above.
Compute the GST liability [CGST & SGST or IGST, as the case may be] of Gulati Ltd. for
the given month. Assume the rates of taxes to be as under:
              Particulars                   Rate of tax
Illustration 12
From the following information provided by M/s Sasta Bazaar. Determine the time of
supply for the purpose of payment of GST:
(i) It issued coupon on 20.06.2023, worth 2,000 redeemable against purchase of
      specific plastic items. This coupon was redeemed on 31.07.2023.
(ii) It issued coupon on 01.08.2023 worth 3,000 which is redeemable against purchase
      of any item. This coupon was redeemed on 18.08.2023.
(iii) It received interest of 10,000 for late payment from a customer on 11.11.2023 for
      supply of goods which was originally made on 24.06.2023.
                                                                        [RTP May 24]
Solution
As per section 12(4) of the CGST Act, 2017, the time of supply of vouchers exchangeable
for goods is-
1. Date of issue of the voucher, if the supply that it covers is
       identifiable at that point, or
2. Date of redemption of the voucher in other cases.
         (a) In the given case, supply can be identified at the time of purchase of the
             coupons. Therefore, the time of supply of the coupons is the date of their
             issue i.e. 20.06.2023.
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CA Jasmeet Singh Arora
        (b) In the given case, supply cannot be identified at the time of purchase of the
            coupons. Therefore, the time of supply of the coupons is the date of their
            redemption i.e. 18.08.2023.
Section 12(6) of the CGST Act, 2017 prescribes that time of supply in case of addition in
value on account of interest/ late fee/penalty for delayed payment of consideration for
goods is the date on which the supplier receives such addition in value. Therefore, time
of supply in the given case is 11.11.2023
Illustration 13
1) An order is placed to T & Co;, Sholapur on 18th August, 2021 for supply of fabrics to
    make garments. Company delivered the fabrics on 4th September, 2021 and after
    completion of the order issued the invoice on 15th September, 2021. The payment
    against the same was received on 30th September, 2021. Determine the time of
    supply for the purpose of payment under CGST Act, 2017 with your explanations.
2) HM Industries Ltd. engaged the services of a transporter for road transport of a
    consignment on 20th May, 2021. However, the consignment could not be sent
    immediately on account of a strike in the factory, and instead was sent on 20th July
    2021. Invoice was received from the transporter on 20th June 2021 and payment was
    made on 25th August 2021. What is the time of supply of the transporter’s service?
                                                                            [PYQ Nov 2021]
Solution
1) The time of supply of goods (where movement of goods involve) (fabric) for the
    purpose of payment of tax is the date of issue of invoice or the last date when the
    invoice ought to have been issued. Further, a registered person is required to issue a
    tax invoice before or at the time of delivery of goods or making available thereof to
    the recipient. Thus, in the given case, time of supply is 4th September, 2021.
2) Alternative 1: Assuming that services of transportation of goods by road have been
    provided by a GTA which has not paid GST @ 12%; i.e. GST is payable @ 5%.
    Tax on supply of transportation of goods by road services provided by a Goods
    Transport Agency (GTA) to a body corporate is payable under reverse charge by
    such body corporate. Time of supply of services taxable under reverse charge is
    earliest of:-
       i) date of making payment, or
       ii) 61st day from the date of issue of invoice by supplier
       Thus, in the given case, time of supply is earlier of (a) 25th August or (b) 20th
       August 2021 (61st day from 20th June). Thus, in the given case, time of supply 20th
       August 2021
Illustration 14
Champak Ltd. availed legal services from a firm of advocates . The firm issues invoice
                                                                                             12
CA Jasmeet Singh Arora
for the services to Champak Ltd. on 17th Feb. However, Champak Ltd. was not happy
with the services provided by the firm as its legal case was not handled by 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 03rd Nov.
Determine the time of supply of legal services provided by the firm of advocates to
Champak Ltd.                                                     [MTP Sep 2024]
Solution
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 to earliest of the following two dates in
terms of section 13(3) of CGST Act, 2017 :
(a) Date of Payment i.e. 03rd November
(b) 61st day from the date of issue of invoice i.e. 19th April
The date of payment comes subsequent to the 61st day from the issue of invoice by the
supplier of service. Therefore, the 61st day from the date of supplier’s invoice has to be
taken as the time of supply.
This fixes 19th April as the time of supply
MCQ Questions :-
   a) D received a life time achievement award from the Government for contribution
      to the cause of homeless
   b) P gave a machine of value ₹ 1 lakh to Q. T, a financial consultant and a debtor of
      Q, provided advisory services worth ₹ 1 lakh to P on the directions of T.
   c) D received subsidy of R 5 lakh from Government of Karnataka for purchase of
      equipment
   d) D received a refundable security deposit of ₹ 5 lakh from F to whom D gave a
      commercial complex on rent
   a)   Nil
   b)   30,000
   c)   25,000
   d)   55,000
3. Roshan sent goods from his factory to his showroom without consideration. In
   which of the following situations, will this activity be treated as a supply?
   a)   10 lakh
   b)   9 lakh
   c)   Nil
   d)   9.5 lakh
7. Surabhi was employed with C Ltd. till 31.12.2023. She received the following from C
   Ltd. upon leaving employment: Gratuity and leave encashment of ₹ 15 lakh as per
   terms of employment, ₹ 20 lakh under a non-compete agreement as per which
   Surabhi will not join any employer in the same industry as C Ltd. for a period of 5
   years. C Ltd. also gifted a laptop of ₹ 75,000 in value to Surabhi on 15.12.2023 in
   appreciation of her contribution to the company (this was not part of the terms of
   employment contract). Surabhi provided consulting services to C Ltd. in the month
   of January 2024 for which she was paid ₹ 2 lakh. She also joined D Ltd. on 15.2.2024
   as an independent director on account of which she was paid a remuneration of ₹
   50,000. Determine the amounts comprised in these activities/transactions which
                                                                                              14
CA Jasmeet Singh Arora
   a)   Nil
   b)   23,25,000
   c)   22,50,000
   d)   2,50,000
8. Kamal has let out a shop to Ketan on a monthly rent of ₹ 50,000. He additionally
   recovers.₹ 5,000 towards the house tax levied by the local authority. Kamal
   undertook minor repairs to the house in respect of which Ketan paid ₹ 10,000
   directly ‘to the contractor. The rent agreement stipulates a late fees of ₹ 1,000 if the
   rent due for a month is not paid by 10th of the next month. For the relevant month,
   Ketan became liable to pay the late fees but it was waived off by Kamal. Calculate
   the value of supply. All amounts are exclusive of GST.
   a)   66,000
   b)   55,000
   c)   65,000
   d)   60,000
9. Bharat sold an air conditioner to Sharad for a net price of ₹ 40,000 after making
   adjustment of following: Festival discount of ₹ 2,000, packing charges ₹ 500 and
   freight ₹ 600. Bharat undertook to deliver the air conditioner to the doorstep of
   Sharad. After delivery, Sharad paid ₹ 1,000 to the technician for installation. Sharad
   took a consumer loan from Gold NBFC for purchase of the air conditioner. He repaid
   the loan after a period of six months along with interest of ₹ 3,000. Calculate the
   value of supply of air conditioner. Amounts are exclusive of GST.
   a)   40,000
   b)   41,100
   c)   44,000
   d)   39,100
10. G Ltd. sold an industrial equipment to J Ltd. whose MRP was ₹ 5,00,000. Delivery
    was on ex-factory basis. G Ltd. incurred testing and packing expenses of R 10,000
    which was charged additionally. J Ltd. got the equipment collected from the
    warehouse of G Ltd. and incurred ₹ 15,000 towards freight and K 2,000 on account of
    loading and unloading. As per the terms, 20% payment was to be made upon
    delivery and the balance within 45 days. While J Ltd. made 20% payment on delivery,
    it paid the balance after 50 days due to which it had to pay ₹ 5,000 as late fees. The
    amount of MRP stated above is after adjustment of subsidy from the State
    Government of ₹ 1,00,000. G Ltd. sold the equipment to J Ltd. at a 10% trade discount
    which was recorded in the invoice. Calculate the value of supply. Amounts are
    exclusive of GST
   a) 4,60,000
                                                                                              15
CA Jasmeet Singh Arora
   b) 4,82,000
   c) 4,55,000
   d) 4,65,000
11. J Ltd. sold 100 units of goods to K Ltd. on 1.6.2023 at a price of K 1,000 per unit and
    issued invoice. At the time of supply, it was agreed to provide a 5% discount if
    payment is made within 45 days of supply. In view of an urgent need of funds, J Ltd.
    announced an additional discount of 7% if the payment was made within 15 days of
    supply. This announcement was made on 10.6.2023 in response to which K Ltd. made
    the payment on 12.6.2023 and availed 12% discount. K Ltd. did not avail ITC. Calculate
    the value of supply
   a)   1,00,000
   b)   95,000
   c)   88,000
   d)   None of the above
12. B Ltd. supplied goods of value ₹ 50 lakh to C Ltd. during the calendar year 2023.
    Considering the stellar performance by C Ltd., B Ltd. announced a special discount
    of 5% on all purchases made by C Ltd. during 2023. The announcement was made on
    15.2.2024 once the annual performance data for all the dealers was collated. B Ltd.
    issued a credit note for the same. Calculate the value of supply made by B Ltd. to C
    Ltd. during the year 2023.
   a)   45,00,000
   b)   47,50,000
   c)   50,00,000
   d)   None of the above
13. Q Ltd. sold a machine to V Ltd. for ₹ 10,00,000. In addition, it charged the following
    amounts from V Ltd.: Municipal taxes on such sale amounting to ₹ 1,000 and packing
    charges ₹ 5,000. It collected ₹ 1,000 as TCS under the Income Tax Act and deposited
    it in the account of the Central Government. Under the agreement, Q Ltd. was to
    deliver the machine to the warehouse of V Ltd. However, V Ltd. made payment of ₹
    10,000 directly to the goods transport agency (Q Ltd. had not included this amount
    in the price). Q Ltd. provided a trade discount of 5% on the list price at the time of
    supply. Rate of GST is 18%. Calculate the value of supply
   a)   10,00,000
   b)   9,66,000
   c)   9,67,000
   d)   9,50,000
14. Johar sold furniture to Vrinda for a price of ₹ 10,000 (exclusive of taxes and
    discount) on 15.5.2023 and issued invoice. He incurred testing expenses of R 1,000
    which he charged additionally. Few days later, he discovered that Vrinda is a friend
                                                                                               16
CA Jasmeet Singh Arora
   a)   10,000
   b)   7,000
   c)   11,000
   d)   8,260
15. C Ltd. sells goods of list price K 10,000 per unit and gives a general trade discount of
    10%. It announced on 15.9.2023 that it would provide an additional discount of 5% on
    list price for all purchases made during October 2023 if they exceed 100 units. Upon
    finalization of purchase data in November 2023, the purchases made by D Ltd. from
    C Ltd. were calculated at 120 units Calculate the value of supply made by C Ltd. to D
    Ltd.. D Ltd. has reversed the ITC attributable to the additional discount.
   a)   10,00,000
   b)   10,80,000
   c)   11,40,000
   d)   10,20,000
16. Mohit Goods Transport Agency transported goods of Q Ltd. from Mumbai to Pune.
    The truck departed from Mumbai on 5 August and reached Pune on 6 August. Mohit
    GTA issued the invoice on 10 August. Q Ltd. made entry of the payment in its books
    of account on 14 August which got debited in its bank account on 16 August. Mohit
    received the payment on 17 August. Tax is payable under reverse charge. Determine
    the time of supply.
   a)   10 August
   b)   14 August
   c)   6 August
   d)   10 October
17. Raju availed tax preparation services from TaxPoint, an online tax services portal.
    The service was provided on 1 May. Raju made a payment of ₹ 25,000 on 15 May. As a
    part of customer loyalty program, TaxPoint issued a voucher on 20 May which could
    be used by Raju to avail tax advisory services for himself or his family. Raju
    redeemed the voucher for availing tax advisory service for his spouse on 10 June.
    Determine the time of supply in respect of the supply of voucher
   a)   15 May
   b)   20 May
   c)   10 June
   d)   No tax liability as time of supply indeterminable
18. As part of the New Year Bumper Offer, Big Mall issued a gift voucher on purchase of
    goods worth ₹ 1 lakh. The gift voucher could be redeemed for purchase of any
                                                                                              17
CA Jasmeet Singh Arora
   product from the Mall. Rakhi purchased goods worth ₹ 1.5 lakh on 10 November.
   Consequently, she was issued the voucher on 15 November. She redeemed the
   voucher against purchase of garments on 15 December. Determine the time of
   supply in respect of the supply of voucher
   a)   10 November
   b)   15 November
   c)   15 December
   d)   None of the above
19. Mangal supplied goods to Bhagat for a consideration of ₹ 2 lakh. He dispatched the
    goods from his warehouse on 15 October and issued the invoice on 25 October. The
    goods were delivered to Bhagat on 28 October. As per the agreement, the payment
    was to be made within 15 days of delivery of goods, failing which a late fees would
    be levied at the rate of ₹ 200 per day of delay. Bhagat made the payment, along with
    late fees, on 22 November through net banking which was credited in the bank
    account of Mangal on the same day. Determine the time of supply
20. C Ltd. supplied goods to D Ltd. on 15 April for which the invoice was issued on 20
    April for ₹ 1 lakh. Due date of payment is 30 April. D Ltd. wishes to make the
    payment on 31 May. However, as per the terms of the contract, it will have to pay
    interest of ₹ 5,000 for delay in payment. D Ltd. pays ₹ 1 lakh on 31 May. It delays the
    payment of interest which is finally waived off by C Ltd. on 15 July after
    negotiations. Determine the time of supply in respect of the amount of interest.