Section 13 - Time of supply of services
Finin2min Summary - Section in 2 Minutes
Fixes the tax point for services based on timely invoice, provision, receipt of payment and RCM backstops. Timely invoice: earlier of invoice or payment. Late invoice: earlier of service provision or payment. Service RCM: payment, 60-day backstop, or recipient invoice where recipient must issue it. Associated-enterprise import has a special books/payment trigger. Voucher sub-section omitted from 1 October 2025.
Exact operative text
Paragraph-wise decode
Fixes the tax point for services based on timely invoice, provision, receipt of payment and RCM backstops. Timely invoice: earlier of invoice or payment. Late invoice: earlier of service provision or payment. Service RCM: payment, 60-day backstop, or recipient invoice where recipient must issue it. Associated-enterprise import has a special books/payment trigger. Voucher sub-section omitted from 1 October 2025.
Section-Rule-Form-Notification bridge
The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.
Practical example
A service invoice is issued within time on 10 August and payment arrives on 25 August. Time of supply is 10 August. PROFESSIONAL ALERT First determine whether invoice was issued within the section 31/rule 47 period.
Section 14 CLEAN OPERATIVE BARE TEXT 14. Change in rate of tax in respect of supply of goods or services.-Notwithstanding anything contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely:-
(a) in case the goods or services or both have been supplied before the change in rate of tax,-
(i) where the invoice for the same has been issued and the payment is also received after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or
(ii) where the invoice has been issued prior to the change in rate of tax but payment is received after the change in rate of tax, the time of supply shall be the date of issue of invoice; or
(iii) where the payment has been received before the change in rate of tax, but the invoice for the same is issued after the change in rate of tax, the time of supply shall be the date of receipt of payment;
(b) in case the goods or services or both have been supplied after the change in rate of tax,-
(i) where the payment is received after the change in rate of tax but the invoice has been issued prior to the change in rate of tax, the time of supply shall be the date of receipt of payment; or
(ii) where the invoice has been issued and payment is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or
(iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice:
Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from the date of change in the rate of tax.
Explanation.-For the purposes of this section, “the date of receipt of payment” shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. SIMPLE DECODE Overrides sections 12 and 13 when the tax rate changes and aligns supply, invoice and payment around the change date. Classify whether supply occurred before or after the rate change. Then apply the six statutory invoice/ payment combinations. Bank-credit date overrides books date where credit is more than four working days after the rate change. PRACTICAL EXAMPLE Service completed before a rate increase; invoice issued before change but payment received after change. Time of supply is the invoice date, so the old rate applies. PROFESSIONAL ALERT Use documentary evidence for actual supply completion; invoice timing alone does not establish supply date.
Professional alert
Confirm the transaction-date amendment and commencement position before reliance.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does section 13 regulate?
- It regulates time of supply of services. Read the exact text, conditions, exceptions and transaction date together.
- Which subordinate law should be checked?
- No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
- What evidence should be retained?
- Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
- Can portal behaviour override the statute?
- No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.