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Place of supply is very crucial in GST, as the application of the type of tax under GST, depends totally on the place of supply. POS helps in knowing whether the supply undertaken is inter-state or intra-state supply. In the case of intra-state supply, where the supplier and the recipient are in the same state or union territory, CGST+SGST/UTGST are applied on the supplies undertaken, while in the case of inter-state supply, where the supplier and recipient are in two different states or union territories, or even different countries, then IGST is levied. It is of greater importance the place of supply is determined properly, as the payment of tax under the wrong head, would not be rectified later on. In such a case, the taxpayer will have to pay the tax under the correct account and apply for refund of tax paid under the wrong head.
Determination of place of supply involves two components namely –
As per the Section 7 of IGST Act, 2017, interstate supplies are defined as the following supplies –
S.NO. | TYPE OF SUPPLY | PROVISION |
1. |
Supply of goods or supply of services
| Supply of goods, services or both, where the location of the supplier and the place of supply are in—
|
2. | Import of goods, services, or both
| Supplies where the goods or services received from outside India, and have crossed the customs frontiers of India. |
3. | Export supplies and sez | A. Supply is made from India to any person outside India and the place of supply is outside India. B. Supply to or from a special economic zone developer or a special economic zone unit. |
INTRA STATE SUPPLY
As per the Section 8 of IGST Act, 2017, intra state supplies are defined as the following supplies –
S.NO. | TYPE OF SUPPLY | TERMS FOR SUPPLY TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES AS INTRA-STATE SUPPLY |
1. | Supply of goods or services
| Supply of goods, services, or both, where the location of the supplier and place of supply are in the same state or same Union territory. |
2. | Supply of goods, services, or both, not treated as inter-state supplies
| Supplies other than the following supplies – A. Supply is made from India to any person outside India and the place of supply is outside India. |
It is to be noted that as per the Rule 46 (e) of CGST Act, where any supply is made to an unregistered recipient and such recipient does not provide the address for billing, then in such a case, the place of supply shall deem to be the location of the supplier, provided the value of supply is less than Rs 50,000.
EXAMPLE
Suppose the location of a Supplier ‘A’ is Delhi. And he makes the following supplies –
RECIPIENT | PLACE OF SUPPLY | NATURE OF SUPPLY |
A person registered in Gurgaon | GURGAON | INTER-STATE SUPPLY |
Unregistered person, but the address provided is of Noida | NOIDA | INTER-STATE SUPPLY |
Unregistered person, the address was also not known and the supply if of rs 45000 | DELHI | INTRA-STATE SUPPLY |
PLACE OF SUPPLY OF GOODS
The place of supply in respect of supply of goods, have been defined under section 10 of IGST Act, 2017.
Under section 10(1)(a), such supplies include movement of goods, either by the Supplier, Recipient or Any Other Person.
In this case, place of supply shall be the location/place, where such goods were terminated.
Under section 10(1)(b), such supplies, include delivering of goods by the supplier, to any person, on the direction of a third person, who would be acting as an agent or on some other basis by way of transfer of title to the goods.
In this case, the place of supply shall be the location of such third person, as it will be deemed to be the recipient.
EXAMPLE
Suppose that A is a supplier, registered in Delhi and he supplies goods to B, registered in Punjab. However, the said supply was made on the direction of C, who is a registered person in Mumbai. Under this case, the place of supply will be –
LOCATION OF THE SUPPLIER | LOCATION OF THE RECIPIENT | LOCATION OF THIRD PERSON | PLACE OF SUPPLY | NATURE OF SUPPLY
|
DELHI | PUNJAB | MUMBAI | MUMBAI | INTER-STATE |
Under section 10(1)(c), such supplies, include supply of goods, without any movement of goods
In such a case, the place of supply shall be the location at which the goods were delivered to the recipient.
EXAMPLE
Suppose, there is person B, who is registered in Delhi, and he purchases a factory from ‘A’ of Punjab. In the agreement of sale, the factory include all the plants and machinery and some furniture. Here, there is no movement of goods. Therefore, the place of supply shall be Punjab.
Under section 10(1)(d), such supplies include direct assembly of goods at the site of the recipient.
In this case, the place of supply shall be the place where the assembly or installation of the good has taken place.
EXAMPLE
Suppose, a registered dealer A of Delhi is required to install and assemble some parts at different sites of factory of ‘B’. the place of supply will be –
LOCATION OF SUPPLIER | REGISTERED LOCATION OF B | SITE OF INSTALLATION | PLACE OF SUPPLY | NATURE OF SUPPLY |
DELHI | GURGAON | GURGAON | GURGAON | INTER-STATE |
DELHI | GURGAON | DELHI | DELHI | INTRA-STATE |
DELHI | GURGAON | PUNJAB | PUNJAB | INTER-STATE |
Under section 10(1)(e), such supplies involved, movement of goods by placing them on board, including vessel, aircraft, train or motor vehicle.
In this case, the place of supply shall be the location, where the goods placed in board.
EXAMPLE
LOCATION OF THE SUPPLIER | PLACE OF BOARDING THE GOODS | PLACE OF SUPPLY | NATURE |
DELHI | NEW DELHI | DELHI | INTRA-STATE |
DELHI | MUMBAI | MAHARASHTRA | INTER-STATE |
PLACE OF SUPPLY OF GOODS, IMPORTED AND EXPORTED TO/FROM INDIA
As per section 11 of IGST Act, 2017, the following provisions be followed –
PLACE OF SUPPLY OF SERVICE
As per section 12 of IGST Act, 2017, the following provisions be considered –
SECTION | PARTICULARS | RECIPIENT IS REGISTERED | RECIPIENT IS UNREGISTERED | |
12 (2)(A) | Supply of service to the registered recipient | Location of the recipient | ||
12 (2)(B) | Supply of services to unregistered person |
| ||
12 (3)(A) | SERVICES IN RELATION TO ANY IMMOVABLE PROPERTY INCLUDING SERVICES PROVIDED BY –
| LOCATION OF THE IMMOVABLE PROPERTY. | ||
12 (3)(B) | SERVICES BY WAY OF LODGING ACCOMMODATION BY A HOTEL, INN, GUEST HOUSE, HOME STAY. | LOCATION OF THE IMMOVABLE PROPERTY OR BOAT OR VESSEL. | ||
12 (3)(C) | SERVICES BY WAY OF ACCOMMODATION IN ANY IMMOVABLE PROPERTY FOR ORGANISING ANY FUNCTION. | THE LOCATION OF THE INTENDED IMMOVABLE PROPERTY. | ||
12 (3)(D) | ANCILLIARY SERVICES TO SERVICES UNDER ABOVE 3 SUB SECTIONS. | THE LOCATION OF THE INTENDED IMMOVABLE PROPERTY. | ||
HOWEVER, WHERE THE LOCATION OF THE IMMOVABLE PROPERTY IS OUTSIDE INDIA, THE PLACE OF SUPPLY SHALL BE THE LOCATION OF THE RECIPIENT, OUTSIDE INDIA. | ||||
12 (4) | SERVICES RELATED TO RESTAURANT AND CATERING SERVICES, FITNESS, BEAUTY PARLOUR, AND HEALTH TREATMENT. | LOCATION WHERE THE SERVICE WAS PERFORMED. | ||
12 (5) | SERVICES RELATING TO TRAINING AND PERFORMANCE APPRAISAL. | LOCATION OF THE RECIPIENT | LOCATION WHERE THE SERVICE IS ACTUALLY PERFORMED. | |
12 (6) | SERVICE RELATED TO ADMISSION IN A CULTURAL, ARTISTIC, SPORTING, SCIENTIFIC, EDUCATIONAL, ENTERTAINMENT EVENT OR AMUSEMENT PARK. | LOCATION WHERE THE EVENT IS HELD, OR THE PARK IS SITUATED. | ||
12 (7) | SERVICES RELATED TO ORGANISATION OF A CULTURAL, ARTISTIC, SPORTING, SCIENTIFIC, EDUCATIONAL OR ENTERTAINMENT EVENT, AND ALSO INCLUDE ANY ANCILLIARY SERVICE IN RELATION TO SUCH EVENTS. | LOCATION OF THE RECIPIENT. | THE LOCATION WHERE THE EVENT IS ACTUALLY HELD.
| |
12 (8) | SERVICES RELATING TO TRANSPORTATION OF GOODS, ALSO BY MAIL OR COURIER | LOCATION OF THE RECIPIENT. | LOCATION WHERE THE GOODS ARE HANDED OVER FOR TRANSPORTATION | |
12 (9) | SERVICE RELATED TO TRANSPORTATION OF PASSENGERS | LOCATION OF THE RECIPIENT. | LOCATION WHERE THE PASSENGER TAKES UP THE CONVEYANCE. | |
12 (10) | SERVICE RELATED TO ONBOARDING OF CONVEYANCE, THROUGH VESSEL, AIRCRAFT, TRAIN OR MOTOR VEHICLE. | LOCATION OF SCHEDULED DEPARTURE POINT OF THE CONVEYANCE. | ||
12 (11) | TELECOMMUNICATION SERVICES 1. THROUGH FIXED LINE OF COMMUNICATION. 2. TAKING UP OF POST-PAID MOBILE CONNECTION AND INTERNET SERVICES. 3. PREPAID PLAN TAKEN THROUGH AN AGENT. 4. IN ANY OTHER CASE. | 1. LOCATION OF FIXING SUCH LINE. 2. LOCATION OF BILLING ADDRESS OF THE RECIPIENT. 3. LOCATION OF THE AGENT OR THE PAYMENT OF THE PLAN. 4. LOCATION OF RECIPIENT IF PROVIDED IN THE RECORDS, OTHERWISE, THE LOCATION OF SUPPLIER. | ||
12 (12) | BANKING AND FINANCIAL SERVICES | LOCATION OF RECIPIENT IF PROVIDED IN THE RECORDS, OTHERWISE, LOCATION OF SUPPLIER. | ||
12 (13) | INSURANCE SERVICES | LOCATION OF RECIPIENT. . | LOCATION OF RECIPIENT AS PER THE RECORDS MAINTAINED. | |
12 (14) | LOCATION IN CASE OF ANY ADVERTOSEMENT BY THE GOVERNMENT, OR ANY OTHER AUTHORITY, SHALL BE THE STATE IN WHICH SUCH ADVERTISEMENT IS PUBLISHED OR PRESENTED. IN CASE OF MULTIPLE STATES, THE PLACE OF SUPPLY BE APPORTIONED, AS PER THE PORTION APPLICABLE TO EACH STATE. |
PLACE OF SUPPLY OF SERVICE, WHERE THE SUPPLIER OR THE RECIPIENT IS LOCATED OUTSIDE INDIA
As per section 13 of IGST Act, 2017, the following provisions be considered
SECTION | PARTICULARS | RECIPIENT IS REGISTERED | RECIPIENT IS UNREGISTERED |
13 (2) | GENERAL SERVICES | LOCATION OF RECIPIENT. | LOCATION OF THE SUPPLIER. |
13 (3)(A) | SUPPLY OF GOODS OR SERVICE OUTSIDE INDIA. | LOCATION WHERE THE SERVICE IS ACTUALLY PERFOEMED. LOCATION WHERE GOODS ARE SITUATED BEFORE SUPPLY. | |
13 (4) | SERVICE IN RELATION OF IMMOVABLE PROPERTY. | LOCATION OF THE IMMOVABLE PROPERTY. | |
13 (5) | SERVICE RELATED TO ORGANIZATION OF AN EVENT. | LOCATION WHERE THE EVENT IS HELD. | |
13 (6) | SERVICES SUPPLIED TO DIFFERENT LOCATIONS, INCLUDING LOCATION IN THE TAXABLE TERRITORY | LOCATION OF SERVICE IN THE TAXABLE TERRITORY. | |
13 (7) | SERVICES SUPPLIED TO DIFFERENT LOCATIONS, INCLUDING MORE THAN ONE STATE OR UNION TERRITORY. | LOCATION OF SERVICE IN EACH STATE/UT, IN PROPORTION OF THEIR VALUE. | |
13 (8) | 1. BANKING AND FINANCIAL SERVICES. 2. INTERMEDIARY SERVICES. 3. HIRING SERVICES BY MEANS OF TRANSPORT, | LOCATION OF SUPPLIER OF SERVICE. | |
13 (9) | SERVICES RELATING TO TRANSPORTATION OF GOODS, OTHER THAN BY MAIL OR COURIER. | LOCATION OF THE DESTINATION OG GOODS. | |
13 (10) | PASSENGER TRANSPORTATION SERVICES. | LOCATION OF EMBARKMENT OF CONVEYANCE, FOR SEPARATE JOURNEY. | |
13 (11) | SERVICES RELATED TO ON BOARD OF A CONVEYANCE | LOCATION OF FIRST SCHEDULED POINT OF DEPARTURE OF THE CONVEYANCE. | |
13 (12) | SERVICES RELATED TO ONLINE INFORMATION AND DATABASE ACCESS AND RETRIVAL OF DATA. | LOCATION OF RECIPIENT | |
THE RECIPIENT SHALL DEEM TO BE IN INDIAN TERRITORY, WHERE ANY TWO CONDITIONS, OUT THE FOLLOWING PRESCRIBED CONDITIONS, ARE SATISFIED – 1. THE LOCATION OF ADDRESS PRESENTED BY THE RECIPIENT THROUGH INTERNET IS IN INDIA. 2. ANY PAYMENT MADE FOR SUCH SERVICE, INVOLVES CREDIT CARD OR DEBIT CARD ISSUED IN INDIA. 3. THE BILLING ADDRESS PROVIDED BY THE RECIPIENT AT THE TIME OF PLACING ORDER FOR SUCH SERVICE IS IN INDIA. 4. THE IP ADDRESS OF THE COMPUTER NETWORK USED BY THE RECIPIENT FOR AVAILING SUCH SERVICE IS IN INDIA. 5. THE BANK FROM WHICH THE RECIPIENT MADE THE PAYMENT IS MAINTAINED IS IN INDIA. 6. COUNTRY CODE OF THE SUBSCRIBER IDENTITY MODULE CARD USED BY THE RECIPIENT IS OF INDIA. 7. THE LOCATION OF THE LAND LINE USED BY THE RECIPIENT FOR GETTING THE SERVICE IS IN INDIA. |
PLACE OF SUPPLIES MADE IN TERRITORIAL WATERS
As per section 9 of IGST Act, 2017, the place of supply, where the location of the supplier is in the territorial waters, shall be the location of the supplier. While in case, recipient of such supply is in territorial water, the place of supply shall be the state/UT, which is near to the point of supply.
Q. : what’s GST? what’s GSTR Filings?
GST or Goods & Service Tax is that the Indirect style of tax that has replaced multiple taxes including the VAT System in India, since its implementation on July 1st, 2017. The GST Act was passed within the Parliament on March 29th, 2017. GST is taken into account to be a ‘comprehensive, multi-staged & destination-based system of taxation.
Q. what’s GST? How does it work?
Answer: GST is one tax for the full nation, which is able to make India one unified international organisation.
GST could be a tax on the provision of products and services, right from the manufacturer to the patron. Credits of input taxes paid at each stage are going to be available within the subsequent stage valuable addition, which makes GST essentially a tax only on value addition at each stage. the ultimate consumer will thus bear only the GST charged by the last dealer within the supply chain, with set-off benefits in the slightest degree the previous stages.
Q. :What are the advantages of GST?
The benefits of GST are often summarized as under:
Q. : What all taxes at the Centre and State level have been subsumed under GST?
At the Central level, the following taxes have been subsumed –
At the State level, the following taxes have been subsumed –
Q. : What are the key chronological events that have led to the introduction of GST?
Answer: GST is being introduced within the country after a 13-year long journey since it absolutely was first discussed within the report of the Kelkar Task Force on indirect taxes. a short chronology outlining the foremost milestones on the proposal for introduction of GST in India is as follows:
Q. :How would GST be administered in India?
Answer: Keeping in mind the federal structure of India, there’ll be two components of GST – Central GST (CGST) and State GST (SGST). Under the GST Act, the Centre and States governments, both can simultaneously levy GST. Tax is levied on every supply of products and services. The Central Government shall levy and collect Central Goods and Services Tax (CGST), while the State Governments shall levy and collect the State Goods and Services Tax (SGST) on all transactions within a State. The input decrease of CGST would be available for discharging the CGST liability on the output at each stage.
Similarly, the credit in respect of SGST paid on inputs shall be allowed for setting off against the SGST liability on output only. No cross utilization of credit would be permitted.
Q. : How would a selected transaction of products and services be taxed simultaneously under Central GST (CGST) and State GST (SGST)?
Answer: Both CGST and SGST shall be levied simultaneously on each and every transaction of supply of goods and services provided the same is not a supply of exempted goods and services, goods which are outside the purview of GST Act and also the supplies made of amount within the prescribed threshold limits. Further, both would be levied on the identical price or value unlike State VAT which is levied on the worth of the products inclusive of Central Excise.
does the cross utilization of credits between goods and services allowed under GST Act?
Answer: Cross utilization of credit of CGST shall be allowed only against IGST. Similarly, the cross utilization of SGST shall be allowed only against IGST. However, the cross utilization of CGST and SGST shall not be allowed.
Q.: How are going to beInter-State Transactions of productsand Services be taxed under GST in terms of IGST method?
Answer: where the supply involves inter-State transactions, the Centre shall levy and collect the Integrated Goods and Services Tax (IGST) on all inter-State supplies of products and services under Article 269A (1) of the Constitution. The IGST would roughly be up to CGST plus SGST. The IGST mechanism has been designed to confirm seamless flow of input diminution from one State to a different. The seller undertaking such inter-state supplies shall be liable to pay IGST, to the Central Government after making adjustment for credit of IGST, CGST and SGST on such purchases (in that order). The exporting State will transfer to the Centre the credit of SGST employed in payment of IGST. The importing dealer will claim credit of IGST while discharging his output liabilities (both CGST and SGST) in his own State. The Centre will transfer to the importing State the credit of IGST utilized in payment of SGST. Since GST may be a destination-based tax, all SGST on the ultimate product will ordinarily accrue to the consuming State.
Q.: How will or not it’sused for the implementation of GST?
Answer: For the successful implementation of GST in India, the Central and State Governments have jointly registered Goods and Services Tax Network (GSTN) as a not-for-profit, non-Government Company for production of shared IT infrastructure and services as to the Central and State Governments, along with the tax payers and other stakeholders. The key objectives of GSTN are to produce a typical and uniform interface to the taxpayers, and shared infrastructure and services to Central and State/UT governments.
GSTN is functioning on developing a state-of-the-art comprehensive IT infrastructure including the common GST portal providing frontend services of registration, returns and payments to any or all taxpayers, in addition because the backend IT modules surely States that include processing of returns, registrations, audits, assessments, appeals, etc. All States, accounting authorities, RBI and banks, are preparing their IT infrastructure for the administration of GST.
There would no manual filing of returns. All taxes may also be paid online. All mis-matched returns will be auto-generated by the portal, and no manual interventions will be required. Most returns would be self-assessed.
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