A.Where location of supplier and recipient is in India: (Section 12)
Sl.No. | Transaction | Sec. Ref. | Place of supply |
---|---|---|---|
1 | Service in relation to immovable property including services provided by architects, interior decorators, surveyors, engineers and other related experts or estate agents. | Sec. 12 (3) (a) of IGST | Location of the immovable property. |
2 | Service by way of grant of rights to use immovable property or for carrying out or co-ordination of construction work. | Sec. 12 (3) (a) of IGST | Location of the immovable property. |
3 | Service by way of accommodation by a hotel, inn, guest house, home stay, club or campsite, house boat or other vessel. | Sec. 12 (3) (b) of IGST | Location of the immovable property or boat or vessel. |
4 | Service by way of accommodation in any immovable property for organizing any marriage or reception, official, social, cultural etc. | Sec. 12 (3) (c) of IGST | Location of the immovable property. |
5 | Any ancillary service provided in sub-section (a), (b), (c) | Sec. 12 (3) (d) of IGST | Location of the immovable property. |
6 | Restaurant and catering services, personal grooming, fitness, beauty treatment, health service | Sec. 12 (4) of IGST | Services are actually performed. |
7 | Services in relation to training and performance appraisal to registered person | Sec. 12 (5) (a) of IGST | Location of that registered person. |
8 | Services in relation to training and performance appraisal to other than registered person | Sec. 12 (5) (b) of IGST | Service actually performed. |
9 | Admission to a cultural, artistic, sporting, scientific, educational, entertainment event or amusement park and services ancillary thereto |
Sec. 12 (6) of IGST | Event is actually held. |
10 | Organisation of a cultural, artistic, sporting, scientific, entertainment, exhibition etc. and ancillary service to a registered person | Sec. 12 (6) of IGST | Location of that registered person. |
11 | Organisation of a cultural, artistic, sporting, scientific, entertainment, exhibition etc. and ancillary service to other than registered person | Sec. 12 (6) of IGST | Event is held. |
12 | Transportation of goods including by mail or courier to registered person | Sec. 12 (8) (a) of IGST | Location of that registered person. |
13 | Transportation of goods including by mail or courier to other than registered person | Sec. 12 (8) (b) of IGST | Location at which goods are handed over for transportation. |
14 | Passenger transportation service to registered person | Sec. 12 (9) (a) of IGST | |
15 | Passenger transportation service to other than registered person | Sec. 12 (9) (b) of IGST | Place where passenger embarks on the conveyance. |
16 | Supply of service on board a conveyance, vessel, aircraft, train. | Sec. 12 (10) of IGST | First schedule point of departure. |
17 | Telecommunication service including data transfer by way of fixed telecommunication line, internet leased circuits, dish antenna | Sec. 12 (11) (a) of IGST | Where such connection or antenna is installed. |
18 | Mobile connection for telecommunication and internet on post-paid basis | Sec. 12 (11) (b) of IGST | Location of billing address of the recipient. |
19 | Mobile connection for telecommunication and internet on pre-paid basis through a selling agent. | Sec. 12 (11) (c) (i) of IGST | Address of the selling agent |
20 | Mobile connection for telecommunication and internet on pre-paid basis through any person to final subscriber. | Sec. 12 (11) (c) (ii) of IGST | Location pre-payment is received or such vouchers are sold. |
21 | Supply of banking and other financial services including stock broking. | Sec. 12 (12) of IGST | Recipient of services on records. |
22 | Supply of banking and other financial services including stock broking. | Sec. 12 (12) of IGST | If not on records, then location of the supplier. |
23 | Supply of insurance services | Sec. 12 (13) of IGST | Location of the recipient. |
24 | Supply of advertisement services to govt.or local authority | Sec. 12 (14) of IGST | Location of the recipient. |
25 | Any other service not specified above made to registered person | Sec. 12 (2) (a) of IGST | Location of such registered person. |
26 | Any other service not specified above made to other than registered person if record exists | Sec. 12 (2) (b) of IGST | Location of recipient on record. |
27 | Any other service not specified above made to other than registered person if record doesn’t exists | Sec. 12 (2) (b) of IGST | Location of supplier. |
Inter-state supply: (Section 7 of IGST Act, 2017)
For the purpose of above sections, when the location of the supplier and the place of supply of services are in the different states, it shall be treated as inter-state supply as per Section 7 of IGST Act, 2017.
Supply of services to or by a SEZ will be treated as an inter-state supply.
Intra-state supply: (Section 8 of IGST Act, 2017)
For the purpose of above sections, when the location of the supplier and the place of supply of services are in the same state, it shall be treated as intra-state supply as per Section 8 of IGST Act, 2017.
Subject to provisions of section 12, intra-state supply of services shall not include supply of services to or by a SEZ.
B.Where location of supplier or recipient is outside India (Sec. 13)
Sl.No. | Transaction | Sec. Ref. | Place of supply |
---|---|---|---|
1 | Services supplied in respect of goods which are required to be made physically available by the recipient of services | Sec. 13 (3) of IGST | Location where services are actuall performed. |
2 | Supply of services supplied directly in relation to an immovable property. | Sec. 13 (4) of IGST | Place where the immovable property is located. |
3 | Admission to, or Organisation of a cultural, artistic, sporting, scientific, educational or entertainment event etc. | Sec. 13 (5) of IGST | Place where the event is actually held. |
4 | Any service referred to in sub-section (3), (4) or (5) is supplied at more than one location including a taxable territory | Sec. 13 (6) of IGST | Location of the taxable territory. |
5 | Any service referred to in sub-section (3),(4) or (5) is supplied at more than one state. | Sec. 13 (7) of IGST | Each place based on their proportion of supply. |
6 | Services by way of intermediary or banking services or service consisting of hiring of means of transport. | Sec. 13 (8) of IGST | Location of supplier of services. |
7 | Services of transportation of goods other than by way of mail or courier. | Sec. 13 (9) of IGST | Place of destination of such goods. |
8 | Supply of passenger transportation services | Sec. 13 (10) of IGST | Passenger embarks on the conveyance. |
9 | Service provided on board a conveyance | Sec. 13 (11) of IGST | First scheduled point of departure of that conveyance for the journey. |
10 | Supply of online information and database access or retrieval services | Sec. 13 (12) of IGST | Location of recipient of services. |
11 | Supply of services other than above. In case location of recipient of services is available. | Sec. 13 (2) of IGST | Location of recipient of services |
12 | Supply of services other than above. In case location of recipient of services is not available. | Sec. 13 (2) of IGST | Location of supplier of services |
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