Tuesday 6 February 2018

GST Yathra-17- Place of Supply of Services

Section 12- Place of supply of services where location of supplier AND recipient is in India
1.   Immovable property related-services including accommodation in hotel/boat/vessel
Location at which the immovable property or boat or vessel is located or intended to be located.
 If located outside India: Location of the recipient
2.  Restaurant and catering services, personal grooming, fitness, beauty treatment and health service
Location where the services are actually performed
3.  Training and performance appraisal
B2B: Location of such registered person
B2C: Location where the services are actually performed
4.   Admission to an event or amusement park
Place where the event is actually held or where the park or the other place is located         
5.  Organization of an event
B2B: Location of such registered person
B2C: Location where the event is actually held
• If the event is held outside India: Location of the recipient
6.  Transportation of goods, including mails
B2B: Location of such registered person
B2C: Location at which such goods are handed over for their transportation
7.   Passenger transportation
B2B: Location of such registered person
 B2C: Place where the passenger embarks on the conveyance for a continuous journey
8.   Services on board a conveyance
Location of the first scheduled point of departure of that conveyance for the journey
9.  Banking and other financial services
Location of the recipient of services on the records of the supplier
 Location of the supplier of services if the location of the recipient of services is not available
10.  Insurance services
B2B: Location of such registered person
B2C: Location of the recipient of services on the records of the supplier
11.   Advertisement services to the Government
Each of States/Union Territory where the advertisement is broadcasted/displayed/run
Proportionate value in case of multiple States
12.   Telecommunication services
 Services involving fixed line, circuits, dish etc: Location of such fixed equipment
 Mobile/ Internet post-paid services: Location of billing address of the recipient
 Sale of pre-paid voucher: Place of sale of such vouchers
 Other cases: Address of the recipient
13. For the rest of the services other than those specified above, the default provision has been prescribed as under:
B2B: Location of such registered person
B2C:  Where the address on record exists: Location of the recipient
14.   Other cases: Location of the supplier of services
Section 13- Place of supply of services where location of supplier OR location of recipient is outside India
1.       Services supplied in respect of goods which are required to be made physically available:
Location where the services are actually performed
Services supplied in respect of goods but from a remote location by way of electronic means:
Location where the goods are situated at the time of supply of services
Above provisions are not applicable in case of goods that are temporarily imported into India for repairs and exported after repairs
2.      Services which require the physical presence of the recipient
Location where the services are actually performed  or the person acting on his behalf with the supplier of services
3. Service supplied directly in relation to an immovable property
Place where the immovable property is located or intended to be located
4. Admission to or organisation of an event
Place where the event is actually held
If the above services are supplied at more than one locations. i.e.,
(i) Goods & individual related
(ii) Immovable property-related
(iii) Event related
a)  At more than one location, including a location in the taxable territory
Location in the taxable territory
b)  In more than one State
Each such State in proportion to the value of services provided in each State
5. Services supplied by a banking company, or a financial institution, or a NBFC to account holders, Intermediary services,  Services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of one month
Location of the supplier of services
6. Transportation of goods, other than by way of mail or courier
Place of destination of such goods
7. Passenger transportation
Place where the passenger embarks on the conveyance for a continuous journey
8. Services provided on-board a conveyance
First scheduled point of departure of that conveyance for the journey
9. Online information and database access or retrieval services
Location of recipient of service
10.  For the rest of the services other than those specified above, a default provision has been prescribed as under:
Default rule for the cross-border supply of services other than nine specified services
a)  Location of the recipient of service
b)  Location of the supplier of service, if location of recipient is not available in the ordinary course of business

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