Followers

Thursday, May 29, 2025

List of 21 MCQ's that link key Balance-Sheet or Profit-and-Loss (P&L) line items to the relevant provisions of India’s GST law.

1. Trade Receivables

Which statement best describes the GST implication of the gross amount shown under “Trade Receivables” at year-end?

A. Includes GST that must be excluded when reconciling turnover with GSTR-1
B. Indicates GST already discharged and therefore irrelevant for audit
C. Represents only taxable value; GST is disclosed separately under “Other Current Liabilities”
D. Has no bearing on GST because receivables are an accounting concept only

Answer: A

Explanation: Schedule III of the Companies Act, 2013 requires invoiced consideration inclusive of GST in Trade Receivables. During a GST audit, officers reconcile financial turnover (exclusive of GST) with outward-supply figures in GSTR-1/3B. The embedded GST must be backed out to avoid double counting. [Sec. 35 CGST – accounts & records]


2. Advances from Customers (Balance Sheet – Current Liabilities)

On receipt of a ₹5 lakh advance for taxable goods (no export), the supplier’s GST liability arises:

A. On receipt of advance itself
B. On issuance of tax invoice at dispatch
C. Only when goods are delivered AND paid for
D. No GST on advances for goods

Answer: B

Explanation: GST on advances applies to services but, since Nov 15 2017 (Not. 66/2017-CT), advances for goods are taxed only on invoicing/dispatch. Auditors verify that liability is booked when due, not on receipt. [Sec. 12(2)(a); Rule 55A]


3. Provision for Doubtful Debts (P&L)

Writing off a bad debt in books allows the taxpayer to:

A. Claim a refund of GST originally paid
B. Issue a credit note and adjust output tax if within the limitation period
C. Reverse ITC previously availed
D. Take no GST action; it is a purely accounting entry

Answer: B

Explanation: Credit notes under Sec. 34(1) permit reduction of output tax if issued by 30 Nov of following FY and reported in return. Auditors test whether credit notes—and corresponding GST adjustments—follow this timeline.


4. Depreciation on Capital Goods (P&L)

If book depreciation is calculated on the entire invoice value including GST, the corresponding ITC:

A. Is allowed in full
B. Must be reduced proportionately
C. Is blocked entirely for that asset
D. Can be claimed next year

Answer: C

Explanation: Sec. 16(3) prohibits ITC where depreciation is claimed on the GST component under the Income-tax Act. Auditors examine fixed-asset registers to ensure GST amount is excluded from depreciable base when ITC has been availed.


5. Employee Canteen Expenses (P&L – Staff Welfare)

ITC on mandatory canteen services under the Factories Act is:

A. Blocked by Sec. 17(5) irrespective of recovery from employees
B. Allowed in full if employer collects any amount from employees
C. Proportionally allowed only to the extent recovered
D. Fully allowed because it is a statutory requirement

Answer: C

Explanation: CBIC circular 172/04/2022-GST clarifies that ITC is allowed only up to the portion recovered from employees; the balance remains blocked u/s 17(5)(b)(i). Auditors match canteen expense ledgers with recovery entries.


6. Interest Income (Other Income)

Why is “Interest on Fixed Deposits” typically excluded from GST turnover reconciliation?

A. Interest is a supply but exempt
B. It is outside the scope of GST (Schedule III)
C. Interest is zero-rated
D. It is taxed under RCM

Answer: B

Explanation: Para 8 of Schedule III deems interest on loans, deposits or advances to be neither supply of goods nor services. Audit reconciliations therefore remove such income from P&L while matching with GSTR data.


7. Unrealized Foreign-Exchange Gain (Other Comprehensive Income)

For zero-rated export supplies, unrealized FX gain booked at year-end:

A. Triggers additional GST liability
B. Requires amendment of GSTR-1 values
C. Has no GST impact because GST is on invoice value in INR
D. Creates an ITC reversal under Rule 43

Answer: C

Explanation: GST liability for exports is on the INR value declared in shipping bill/tax invoice. FX fluctuations post-invoice do not affect GST already paid or LUT-based turnover.


8. Provision for Warranty (Balance Sheet – Provisions)

Full GST on warranty-covered goods is payable:

A. At time of actual warranty service
B. At original supply; subsequent warranty repairs are not supplies
C. Each time parts are replaced under warranty
D. Never, warranty is outside GST

Answer: B

Explanation: Consideration for warranty is imbedded in original price; supply is completed then. Repairs done later are not separate consideration. Auditors must ensure GST was discharged upfront. [Sec. 12(2)]


9. Goods Lost/Destroyed (P&L – Loss on Obsolescence)

ITC on goods lost, stolen or destroyed is addressed by:

A. Sec. 17(5)(h) – blocked credit
B. Rule 42 – proportionate reversal
C. Sec. 54 – refund in special cases
D. Rule 36 – documentary requirements

Answer: A

Explanation: Auditors scan “Loss on Obsolescence/Write-off” ledgers; if inputs were lost, ITC must be reversed because Sec. 17(5)(h) blocks credit.


10. Sales Returns (P&L – Revenue)

GST reduction for goods returned in next FY requires:

A. Debit note issued within six months
B. Credit note declared by 30 Nov following FY (Sec. 34)
C. Adjustment in annual return only
D. No GST effect; returns are commercial

Answer: B

Explanation: Credit note time-limit is 30 Nov of succeeding FY or date of annual return filing, whichever is earlier. Auditors verify timing.


11. Unbilled Revenue (Balance Sheet – Other Current Assets)

GST liability on unbilled revenue for ongoing services arises:

A. On date of books closing
B. On receipt of payment
C. On issuance of invoice or completion of milestone, whichever earlier
D. Never; GST follows accounting

Answer: C

Explanation: Sec. 13(2) (services) fixes time of supply at earliest of invoice issuance or payment receipt; auditors cross-check project-wise unbilled revenue with invoices/tax payments.


12. Capital Work-in-Progress (CWIP)

Provisional ITC on capital goods under installation can be:

A. Claimed immediately on receipt of goods
B. Deferred until asset is capitalized
C. Claimed in 60 monthly installments
D. Not allowed at all

Answer: A

Explanation: ITC on capital goods is available when goods are received (Sec. 16(1)) even if asset is under CWIP. Audit ensures invoice date and GRN match eligibility.


13. CSR Expenditure (P&L)

ITC on goods/services used exclusively for CSR is:

A. Allowed because CSR is mandatory under Companies Act
B. Blocked u/s 17(5)(h) as “gift” without consideration
C. Allowed conditionally if reported in CSR register
D. Deferred until approval by CSR committee

Answer: B

Explanation: Courts (e.g., Essel Propack v. CGST 2022) held CSR ITC blocked; CBIC instructions echo this. Auditors review CSR ledgers for ITC reversal.


14. Leasehold Improvement (Balance Sheet – Fixed Assets)

ITC on works-contract services for immovable property is:

A. Fully allowed
B. Allowed if capitalized as PPE
C. Blocked except where plant & machinery is installed
D. Allowed only to builders

Answer: C

Explanation: Sec. 17(5)(c)/(d) blocks ITC on works contracts for construction of immovable property other than plant & machinery. Audit looks at leasehold-improvement capex.


15. Bank Charges (P&L – Finance Cost)

GST paid on bank charges is typically:

A. Eligible ITC if bank issues tax invoice
B. Blocked because financial services are exempt
C. Subject to RCM by borrower
D. Ineligible because of Sec. 17(5)

Answer: A

Explanation: Banking services attract GST at 18 %; tax invoice/statement enables ITC. Auditors reconcile finance-cost GL with ITC ledger to capture often-missed credits.


16. Motor Vehicle Running Expenses (P&L)

ITC on fuel, repairs for cars (≤ 13 seats) used by directors is:

A. Fully allowed
B. Blocked under Sec. 17(5)(a) & (ab)
C. Allowed if car is registered for passenger transport
D. Allowed up to 50 %

Answer: B

Explanation: ITC on motor vehicles for personal/office transport is blocked unless used for specified taxable supplies (e.g., driving school). Auditors test vehicle logbooks.


17. Sales Promotion (P&L – Marketing)

Free samples accounted under “Sales Promotion” lead to:

A. Supply liable to GST on market value
B. ITC reversal u/s 17(5)(h); no output tax if distributed without consideration
C. No GST impact
D. Mandatory RCM

Answer: B

Explanation: Free samples are supplies without consideration deemed non-taxable (Schedule I not attracted). But Sec. 17(5)(h) blocks ITC. Audit focuses on sample registers.


18. Security Deposits (Balance Sheet)

Receipt of a refundable security deposit:

A. Generates GST liability on receipt
B. Treated as advance for supply
C. Not a supply provided it is refundable and contractually separate
D. Zero-rated supply

Answer: C

Explanation: Security deposits are outside GST unless adjusted towards consideration. Auditors ensure deposits ledger doesn’t mask advances liable to GST.


19. Interest on Delayed Customer Payments (Other Income)

Where invoice permits 18 % interest on late payment, GST treatment is:

A. Interest exempt (Schedule III)
B. Taxable as addition to value u/s 15(2)(d)
C. Zero-rated
D. Treated under RCM

Answer: B

Explanation: Sec. 15(2)(d) – any interest for delayed payment is included in value of supply; tax payable in month of receipt. Auditors verify separate interest receipts and amend liability.


20. Investment Property Rent (P&L – Other Income)

Renting out commercial property creates:

A. Exempt supply under Sch. II
B. Taxable supply; ITC allowed on maintenance expenses
C. Non-GST supply
D. Supply under RCM

Answer: B

Explanation: Renting immovable property for business is a taxable service (Heading 9972). Auditors compare rent ledger with GSTR-1 Table 11 outward services.


21. Dividend Received (Other Income)

Dividend income’s GST impact during audit reconciliation is:

A. Deduct from trial balance turnover because outside GST
B. Include as exempt supply
C. Treat as zero-rated
D. Declare under reverse-charge

Answer: A

Explanation: Dividend is a transaction in securities—outside GST (Schedule III, Para 8). Auditors remove it when matching financial turnover to GST returns.



Section 18-ITC 01-ITC 02-ITC-03

 

FormPurposeWhen filed
GST ITC-01Claim ITC under 18 (1)(a)-(d)Within 30 days of eligibility
GST ITC-02Transfer ITC on sale/merger etc. (18 (3))Any time before succession; auto-accept by transferee
GST ITC-03Reverse/pay ITC on switching to composition or exemption (18 (4))Within 60 days of occurrence
GSTR-3B / DRC-03Pay amounts under 18 (4)/(6)Same tax period


Conditions & documentation checklist
  1. ITC-01 declaration – file within 30 days of becoming eligible (Commissioner may extend). Must be CA/CMA-certified if total credit > ₹2 lakh.

  2. Stock statement date – always “day immediately preceding” the trigger date (liability, registration grant, etc.).

  3. Capital-goods calculation – straight-line 5 % of tax per quarter or part thereof from invoice date (Rule 40 / 44).

  4. 1-year invoice condition – invoices older than 12 months are dead for § 18 credit (sub-sec 2).

  5. Transfer on business sale – file ITC-02; ensure both transferor & transferee file their GSTR-3B correctly that month.

  6. Reversal when going composition / exempt – work sheet under Rule 44; pay via GSTR-3B and file ITC-03.

  7. Capital-goods disposal entry – keep scrap/sale invoice, working under Rule 44(6), and payment challan (if higher ITC reversal chosen).

Sub-section Trigger event What you may take or must reverse/pay Governing Rules / Forms
18 (1)(a) You become liable to register and obtain registration (first-time registrant) Claim ITC on inputs (raw materials, packing, consumables) + inputs in semi/finished goods held the day before liability Rule 40 (1)(c)(i) · ITC-01 within 30 days (Tax Portal)
18 (1)(b) You take voluntary registration (though turnover < threshold) Same credit as above Rule 40 (1)(c)(ii) · ITC-01
18 (1)(c) You exit the composition scheme (§10) and shift to normal tax Claim ITC on inputs, semi-finished/finished goods and capital goods (capital-goods credit reduced 5 % per quarter from invoice date) Rule 40 (1)-proviso + Rule 40 (1)(a) · ITC-01 (Tax Portal)
18 (1)(d) Your supplies, earlier exempt, become taxable Same claim as in (c) Rule 40 (1)(c)(iv) · ITC-01
18 (2) Time cap to claim credit under 18 (1) Invoice must be ≤ 1 year old on the eligibility date (Tax Portal)
18 (3) Sale / merger / de-merger / lease / transfer of business Unutilized credit may be transferred to the successor Rule 41 · ITC-02
18 (4) You start paying tax under §10 (composition) or your supplies become wholly exempt Reverse / pay back ITC on inputs, semi-finished/finished goods and capital goods (5 % per quarter rule) Rule 44 · ITC-03
18 (5) Amount reversed under 18 (4) Added to output-tax liability of the month of reversal Rule 44(5)
18 (6) Dispose / scrap / transfer capital goods (or plant & machinery) on which ITC was taken Pay higher of – (a) ITC reduced @ 5 % per quarter or (b) GST on transaction value Rule 44(6) (Tax Portal)

Tuesday, May 27, 2025

Tutorial on Making GST Payments

 Purpose: This tutorial serves both as an internal training document for GST officers and as an awareness guide for taxpayers and consultants. It explains the payment mechanism in GST, legal provisions, electronic ledgers, payment methods, and recent enhancements.

1. Overview of GST Payment System

Under Section 49 of the CGST Act, 2017 and Rule 87 of the CGST Rules, 2017, every taxpayer is required to pay tax, interest, penalty, and other dues using the GST portal.

  • Payment Channels:

  • Online: Net Banking, Debit/Credit Cards, UPI

  • Offline: NEFT/RTGS, Over-the-Counter (OTC) 

2. Challan Creation (Form GST PMT-06)

Pre-login Creation:

  • Visit https://www.gst.gov.in

  • Click on "Create Challan" under "Services > Payments"

  • Enter GSTIN/Temp ID and captcha

  • Fill in tax liabilities and payment mode

Post-login Creation:

  • Login to GST Portal

  • Go to Services > Payments > Create Challan

  • System auto-fetches liabilities

Challan is valid for 15 days from generation. [Rule 87(2), CGST Rules]

3. Payment Modes

1. Net Banking

  • Immediate credit to Electronic Cash Ledger

2. Credit/Debit Card

  • Subject to bank limits and gateway rules

3. UPI

  • Now integrated via NPCI and BBPS platform

4. NEFT/RTGS

  • Mandated under Rule 87(3)

  • Download Mandate Form with Unique Reference Number (URN)

  • Present to bank for remittance

  • Reflects in Cash Ledger within 2 to 24 hours

5. Over-the-Counter (OTC)

  • Permissible under Rule 87(4)

  • Available for taxpayers with turnover less than Rs. 10,000/month

4. Electronic Ledgers

1. Electronic Liability Register: Section 49(7), CGST Act – Reflects total outstanding liability.

2. Electronic Credit Ledger: Section 49(2), CGST Act – Reflects available ITC.

3. Electronic Cash Ledger: Section 49(1), CGST Act – Contains deposited cash usable for payments.

5. Filing Return with Payment (GSTR-3B)

  • Use cash and ITC to discharge liabilities

  • Rule 88A: Prioritizes IGST credit

  • Balance paid through PMT-06 cash challan

6. Form GST PMT-09: Intra-Head/Inter-Head Transfer

Purpose: To shift balance in Cash Ledger from one head (e.g., CGST) to another (e.g., SGST)

Statutory Basis: Section 49(10) of CGST Act; Rule 87(13) of CGST Rules

Steps:

  • Login > Services > Ledgers > Electronic Cash Ledger > File PMT-09

  • Select transfer type (inter/intra)

  • Submit with DSC/EVC

7. Reconciliation and Tracking

  • View status of challans under Services > Payments > Challan History

  • Match payment amounts with GSTR-3B liabilities

  • Ensure no mismatch between Credit Ledger and returns

  • Refer Rule 87(9) for details

8. Voluntary Payment via DRC-03

Used for:

  • Liability arising out of audit, SCN, or suo moto corrections

Legal Reference: Section 73 & 74; Rule 142(2) of CGST Rules

Steps:

  • Login > Services > User Services > My Applications > DRC-03

  • Enter details, reasons, and mode of payment

  • Offset using ITC/Cash

9. Handling Payment Failures

Common Issues:

  • Bank not listed

  • Payment failed but amount debited

  • Delay in ledger update

Resolutions:

  • Check challan status under “Challan History”

  • Wait for 24 hours before retrying

  • Raise grievance on portal with payment proof

10. Recent Developments

  • UPI Integration: For faster mobile payments

  • BBPS Support: Bharat Bill Payment integration on portal

  • RBI e-Mandate: Affects recurring card payments

  • Updated FAQs and User Manuals: Regularly updated at https://tutorial.gst.gov.in

  • Advisory dated 17.04.2023: Enhancement of e-payment system under BBPS

11. FAQs

Q1: Can I pay GST without logging in? Yes, using the pre-login challan creation feature. [Rule 87(2)]

Q2: Can I make payment for another GSTIN? Yes, by entering the correct GSTIN during challan generation.

Q3: What happens if I overpay? Excess amount remains in the Cash Ledger and can be claimed as refund or used for future liabilities. [Rule 87(8)]

Q4: Can I pay via multiple modes in one challan? No. One challan must be paid via a single mode.

GST implications for Charitable and Religious Trusts in India


Exemption for Charitable Activities

Under GST Notification No. 12/2017-Central Tax (Rate), services by an entity registered under Section 12AA/12AB of the Income Tax Act are exempt from GST if provided for charitable activities, which include:

  • Public health services (e.g., running hospitals, clinics)

  • Education (pre-school and higher education by institutions affiliated with boards/universities)

  • Preservation of environment

  • Advancement of religion, spirituality, or yoga

Such activities do not attract GST.


2. Religious Services

  • Services by religious places owned or managed by an entity registered under 12AA/12AB are exempt, provided they offer services to the public like:

    • Renting premises for general public functions

    • Conducting religious rituals and events

Exception: If the trust rents out premises or halls for a fee to private parties (e.g., for weddings or commercial events), GST may apply.


3. Commercial Activities by Trusts

If the trust is engaged in commercial activities, such as:

  • Running a canteen

  • Renting out commercial property

  • Publishing and selling books/items

  • Running coaching centers

Then, such services are taxable under GST, even if the trust is registered under 12AA/12AB.


4. Registration Requirement

  • If aggregate turnover exceeds ₹20 lakhs (₹10 lakhs in special category states), GST registration is mandatory, unless all services are exempt.

  • If below this threshold and only exempt activities are performed, registration is not required.


5. Donations and Grants

  • Pure donations, without any quid pro quo (i.e., donor does not receive any benefit/service), are not subject to GST.

  • If donation is linked to a benefit (e.g., a name on a plaque, advertisement), it may be treated as supply and be taxable.


6. Input Tax Credit (ITC)

  • Trusts cannot claim ITC for exempt activities.

  • For taxable supplies, ITC can be claimed on related inputs and input services.


Summary Table:

Activity TypeGST Applicability
Pure charitable (health, education, etc.)Exempt
Religious rituals/servicesExempt
Renting property (commercial use)Taxable
Donations without benefit to donorNot taxable
Donations with direct benefitsTaxable


 FAQ on GST Implications for Charitable and Religious Trusts in India

Q1. Are all activities of charitable and religious trusts exempt from GST?
A1. No, only specific activities carried out by such trusts are exempt under GST as per Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, as amended. These include:

  • Services by an entity registered under Section 12AA/12AB of the Income Tax Act for charitable activities.

  • Religious activities such as conduct of religious ceremonies or renting of precincts of a religious place meant for general public (subject to conditions).

Example: A trust running a free health clinic qualifies as exempt under charitable activities. However, if the same trust rents out a hall for weddings, that income is taxable.

Q2. What constitutes "charitable activities" under GST?
A2. As per the definition in Notification No. 12/2017:

  • Public health services (e.g., hospitals, nursing homes).

  • Advancement of religion, spirituality, or yoga.

  • Education (pre-school, higher secondary or equivalent).

  • Preservation of environment including watersheds, forests, and wildlife.

Example: Conducting yoga camps without a fee or nominal fee is considered a charitable activity.

Q3. Is GST applicable if a trust runs a commercial activity like renting property?
A3. Yes, if the trust is involved in commercial activities such as renting of property, and the aggregate turnover exceeds the threshold limit (Rs. 20 lakhs or Rs. 10 lakhs for special category states), GST registration and tax compliance are mandatory.

Case Law: In the case of Ramakrishna Mission, the AAR ruled that renting out the premises by a trust for commercial use is subject to GST if turnover criteria are met.

Q4. Are donations received by trusts liable to GST?
A4. Voluntary donations without any quid pro quo (no direct benefit to the donor) are not considered as supply under GST and hence not taxable. However, if donation is linked to a supply (e.g., entry to an event), it may attract GST.

Example: A donor giving Rs. 10,000 without expecting any return is not taxable. But, if Rs. 10,000 is paid to attend a fundraising concert, it may be considered taxable.

Q5. Are services by trusts to their own members exempt?
A5. No specific exemption is granted for services to members unless they fall within the definition of "charitable activities" or are otherwise exempt under GST.

Q6. What about services provided by trusts to other entities?
A6. If the services are in the course of business and do not fall under the exempt category, they are liable to GST.

Example: A trust providing consultancy to a private company on a paid basis would be liable to GST.

Q7. Do charitable trusts need to register under GST?
A7. Only if their aggregate turnover exceeds the exemption limit or if they are engaged in taxable supply of goods or services. Registration is mandatory once they cross the threshold.

Q8. Can charitable trusts claim Input Tax Credit (ITC)?
A8. ITC is allowed only on inputs used for taxable supplies. No ITC is available on goods/services used for exempt activities.

Case Reference: As clarified in Circular No. 89/08/2019-GST, ITC is not available on inputs used for exempt services like health care or religious functions.

Q9. Are there any recent CBIC clarifications?
A9. CBIC has issued Circular No. 89/08/2019-GST dated 18.02.2019 clarifying various issues including renting of religious precincts and charitable activities.

Q10. How should a trust determine whether GST is applicable on a transaction?
A10. Each transaction must be evaluated based on:

  • Nature of activity (charitable vs commercial)

  • Whether it qualifies under defined charitable activities

  • Turnover threshold

  • Any relevant CBIC notifications or circulars

Example: A trust organizing a ticketed yoga retreat must evaluate if the activity qualifies as charitable and if ticketing alters its tax status.

Monday, May 26, 2025

GST Exemptions in Banking and Financial Services

 The banking and financial services sector enjoys several important exemptions under GST:

1. Interest-Related Exemptions

  • Interest earned on loans, deposits, and advances is exempt from GST
  • This exemption is provided under entry 27(a) of Notification No. 12/2017-Central Tax (Rate) and entry 28(a) of Notification No. 9/2017-Integrated Tax (Rate)
  • However, interest involved in credit card services is specifically excluded from this exemption and is taxable

2. Services to Account Holders

  • Basic banking services provided to account holders are effectively excluded from the definition of "supply" under Schedule III of the CGST Act
  • This includes services like maintaining accounts, processing withdrawals and deposits, etc.

3. Insurance-Related Exemptions

  • Services provided under insurance schemes where the premium is paid by the Central Government, State Government, or Union Territory
  • Life insurance business services providing annuity under the National Pension System
  • Life insurance policies where the premium is paid by the Government under specific schemes

4. Services by the Reserve Bank of India

  • Services provided by the RBI are exempt from GST

5. Services in International Financial Services Centre (IFSC)

  • Specific services provided by units located in IFSC to clients outside India and paid in currencies other than Indian rupees

Taxable Supplies by Banking and Financial Institutions

Despite these exemptions, many banking and financial services remain taxable under GST:

1. Fee-Based Income

  • Charges for issuing FIRC (Foreign Inward Remittance Certificate), DD (Demand Draft), PO (Pay Order), or Banker's Cheque
  • Charges for cheque books, bank statements, duplicate statements
  • RTGS (Real-Time Gross Settlement) charges
  • Minimum balance charges

2. Commission and Brokerage Income

  • Commission earned on third-party products like insurance and mutual funds
  • Brokerage income
  • Agency charges collected as a facilitator for government or corporate entities

3. Loan-Related Charges

  • Loan processing or renewal fees
  • Outstanding balance transfer charges
  • Prepayment charges for early repayment of loans

4. Card Services

  • Interest charged on credit cards
  • Issuance fees for credit cards
  • Convenience fees charged for digital payment facilities

5. Other Financial Services

  • Portfolio management services
  • LC (Letter of Credit) issuance or realization charges
  • Charges for collection of bills
  • Income from finance lease transactions
  • Service fees for commercial paper or certificate of deposit

Input Tax Credit Options for Banking Sector

Under Section 17(4) of the CGST Act, banking companies or financial institutions have two options for availing Input Tax Credit (ITC):

Option 1

Reverse the credit pertaining to exempted services as per the method stated in Section 17(2) of the CGST Act.

Option 2

Avail 50% of the eligible ITC on inputs, capital goods, and input services in that month, with the rest lapsing.
The option once exercised cannot be withdrawn during the remaining part of the financial year.
This dual treatment of banking and financial services under GST—with some services exempt and others taxable—reflects the complex nature of the sector and the government's approach to balancing tax revenue with financial inclusion goals.

Place of Supply for Banking and Financial Services

Legal Framework

The place of supply for banking and financial services is specifically addressed under Section 12(12) of the IGST Act, 2017, which states:
"The place of supply of banking and other financial services, including stock broking services to any person shall be the location of the recipient of services on the records of the supplier of services. Provided that if the location of the recipient of services is not on the records of the supplier, the place of supply shall be the location of the supplier of services."

Key Principles

  1. Primary Rule: The place of supply is the location of the recipient as per the supplier's records.
  2. Default Rule: If the recipient's location is not available in the supplier's records, the place of supply defaults to the supplier's location.
  3. B2B vs. B2C Transactions: This distinction is particularly important for determining whether CGST+SGST (intra-state) or IGST (inter-state) applies.

Significance of Place of Supply Rules for Banking Sector

The place of supply rules for banking and financial services are significant for several reasons:
  1. Tax Jurisdiction Determination:
    • They determine whether a transaction is intra-state (subject to CGST and SGST) or inter-state (subject to IGST)
    • This is crucial for banks with nationwide operations serving customers across different states
  2. Branch Transactions:
    • Banks typically operate through multiple branches across states
    • Inter-branch transactions and services need clear place of supply rules to determine the applicable tax
  3. Digital Banking Impact:
    • With the rise of digital banking, customers can access services from anywhere
    • The place of supply rules provide clarity in such scenarios where physical location becomes less relevant
  4. Corporate Banking:
    • For corporate clients with multiple locations, determining the correct place of supply becomes complex
    • The rules help in establishing which entity or branch is receiving the service
  5. International Financial Services:
    • For services provided to or received from outside India, place of supply rules determine whether they qualify as export or import of services
    • This affects zero-rating provisions and foreign exchange implications
  6. Input Tax Credit Allocation:
    • The place of supply affects how banks allocate input tax credits across different registrations in different states

Practical Examples

  1. Account Services: If a bank in Mumbai provides account services to a customer whose address in the bank's records is in Delhi, the place of supply is Delhi, making it an inter-state supply subject to IGST.
  2. Corporate Banking: For corporate banking services provided to a company with multiple locations, the place of supply is the location of the specific entity that receives the service as per the bank's records.
  3. Walk-in Customers: For services provided to walk-in customers whose details are not recorded (like currency exchange), the place of supply defaults to the bank branch's location.

Conclusion

The place of supply rules for banking and financial services strike a balance between practical considerations (using existing customer records) and theoretical principles (taxation at the place of consumption). They provide a clear framework for determining tax jurisdiction in an industry characterized by intangible services and nationwide operations.

Landmark GST Judgments – A Quick Reference (2022–2025)

Landmark GST Judgments – A Quick Reference (2022–2025) 1. Union of India vs. Yasho Industries Ltd. Supreme Court – May 2025 Subject: Use of...