Place of Supply of Services under GST

Place of Supply -min

As to continuity of Place of supply of Goods now we will discuss Place of Supply of Services under GST because GST is destination-based Tax system it means GST is to be collected by the state where actual services are consumed.

In this chapter we will cover the following topics: –

  1. Place of Supply of Goods 
    1. Supply within India
      1.  Place of Supply of goods in cases where goods are moved?
      2. Where are the goods not moved?
      3. Supply of goods on Conveyance?
      4. Is supply other than above? 
    2. Supply of Goods Outside India
  2. Place of Supply of Services
    1. Supply within India
      1. Place of Supply of Services under GST to Registered Person
      2. Place of Supply of Services under GST to un-registered Person
    2. Supply of Services Outside India 
  3. Special Provision for the supply of online information or database.

2. Place of Supply of Services

The place of supply of services is determined on the basis of the geographical location. it means it can be further divided into the following two categories, which are explained as under: –

  1. Supply within India: –

If goods are supplied within India then it can be divided further into the following subcategories shown as under: –

A) Supply to Registered Person: –

IGST Act provides the provision under section 12(2)(a) that the place of supply of services made to the registered person than of the place of supply of services shall be the place of such person. But the place of supply for some services is determined by IGST Law which is mention in section 12(3) to 12(14) of IGST Act. Details of these subsections are in Table below: –

B) Supply to unregistered Person: –

If the supply of services made to the unregistered person, then the Place of supply is the address of the recipient which was recorded in the record of the supplier of services. In all other cases, It will be the Place of the supplier of services.

Section/ Sub Section Services Place of Supply of Services
12(1)
&
12 (2)
All services which are not covered in Subsection 3 to 12 As explained above in two points
12 (3) Directly in relation to immovable property like architecture, construction, accommodation, event etc. The location of such immovable property
12 (4) Restaurants, catering, grooming health services including cosmetic and plastic surgery Place where such services are actually performed
12 (5) Training and performance appraisals Registered recipient – Place of the recipient.
Unregistered Recipient – where the Services are actually performed
12 (6) Admission to the cultural, artistic event, amusement park etc. Place where such an event is held or where such park is located
12 (7) Organizing of cultural, entertainment, conferences, Trade fairs etc. B2B – Place of Recipient

B2C – where the event actually held

12 (8) Transportation of Goods including mail or courier B2B – Place of Recipient
B2C – where goods are handed over to Transporter
12 (9) Transportation of Passengers B2B – Place of Recipient
B2C – Place where Passenger embarks on the conveyance of the continuous journey.
But Return journey shall be treated as a separate journey.
12 (10) Services onboard a conveyance Frist Scheduled point of departure of that conveyance
For Example –
M/s Kingfisher airline hires a doctor for the passengers travelling from Delhi to Mumbai. In such a case although the services by a doctor have been provided onboard the place of supply shall be Delhi
12 (11) Telecommunication Services
  • Fixed telecommunication lines
  • Mobile connection for telecommunication
  • Mobile connection for telecommunication, internet, DTH T.V. on the prepayment basis
  • Other Cases
  • Location of telecommunication line
  • Location of the billing address of the recipient
  • Address of the selling agent or where pre-Payment is received
  • Address of the recipient as per records
12 (12) Banking and Financial Services (Including stock Broking) Location of the recipient of the services else location of the supplier.
12 (13) Insurance Services B2B – Place of Recipient
B2C – Location of the recipient of records of the supplier
12 (14) Advertisement services to Government Location of the state of advertisement

Note: –

  • B2B – Business to Business
  • B2C – Business to Customer 

2. Place of Supply of Services Outside India:

          Place of supply of services is the location of the recipient of the services if the place of the recipient is not available than the place of the supplier will be the place of the Supply of Services.

3. Special Provision for the supply of online information or database.

As per Section 2(17) of the IGST ACT, “Online information and database access or retrieval services mean services whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply essentially automated and involving minimal human intervention and impossible to ensure in the absence of information technology “.

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