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GST implication on forfeiture of advance received, Goods and Services Tax - GST

Issue Id: - 115286
Dated: 6-8-2019
By:- Krishna Murthy
GST implication on forfeiture of advance received

  • Contents

Sir, What is the GST implication of advance received towards goods before GST but no sale is made and now the same is being forfeited as the party is no longer claiming the same.

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Showing Replies 1 to 3 of 3 Records

1 Dated: 6-8-2019
By:- KASTURI SETHI

Although the advance pertains to pre-GST era and against goods, yet this activity (forfeiture) is covered in Schedule-II of CGST Act.

5. Supply of services

(e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act;

This is my view.


2 Dated: 6-8-2019
By:- Himansu Sekhar

There will be no GST on the goods against which advances received prior to the appointed date and no sale is effected now.

But the forefeiture activity if carried out now, the same will be a service and liable to GST under Schedule II of CGST Act, 2017. The relevant portion is extracted below for your kind observation:

"(e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and..."


3 Dated: 16-8-2019
By:- Ramesh Kothari

No GST applicable bcz advance rec'd before appointment of GST and supply not existed


1

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