PLACE OF SUPPLY (PoS) | Mulitple examples | ||||
# | Case Scenario | PoS | IGST / CGST+SGST | Comments | |
1 | Manufacturer in Kolkata WB Customer in Surat GJ | GJ | IGST | ||
2 | Seller registered in Kolkata WB Customer in
Surat GJ Delivered by GJ branch of Seler |
GJ | CGST + SGST | since goods do not leave state SJR by Seller from WB to GJ is implicit |
|
3 | Manufacturer in Kolkata WB
Customer registered in Surat GJ Delivered to WB branch of customer |
GJ | IGST | Goods deemd to go to GJ and then WB
!!? Goods did not leave state -- are we sure it is IGST SJR by Buyer / Customer from GJ to WB is implicit |
|
4 | A sells to B. Before goods reach, B sells to C and asks A to deliver to C. Title has changed. So treat as if A selling to C | Delhi | IGST | ||
5 | Seller A in Mumbai MH
Customer B in Delhi. Instructs that delivery to be to C in UP C is a third party -- not buyer / seller |
Delhi | IGST | ** 1 -- assumed that delivery is to C via B | |
** 1 | Where the goods are delivered by the supplier to a recipient or any other person, on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such third person. | ||||
6 | For any
immovable property / asset or installation -- PoS is where the work is done.
e.g. Hotel, Event, ThemePark, Installation of lift, telephone towers etc. … e.g. in Chennai |
Place of install | IGST | If goods assembled at site // or no movement of goods -- then PoS = Site | |
7 | In some cases -- transportation services -- place of origin (goods taken on board) is to be considered. e.g. Food sold on train going from Mumbai - Delhi, passing through many states | MH | IGST | Tran Air Ltd, registered in Delhi, supplies food on board its flight from Mumbai to Kerala | |
8 | Microsoft Delhi trains Windfall programmers (WE office at Pune MH) at their own MS office in Delhi Special case for training services u/s 6(6) | MH | IGST | If WE is not registered, then PoS = Delhi and CGST + IGGST applicable | |
9 | For any supply of goods / services from / to a SEZ | IGST | All imports are IGST. PoS = place of importer. |
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GOODS | |||||
10 | Movement of Goods | Location of Recipient | |||
11 | Supply without movement of goods | Location of Goods at time of Delivery | |||
12 | Assembly / Installation at site | Location of Site / place of assembly | |||
13 | Supply on vessel (aircraft, train …) | Location where Goods were taken on board | |||
14 | Supplyier delivering to recipient on directions of a third (3rd) person | Location of Recipient (2nd leg) | |||
15 | Transportation of Goods | Location of Destination fo goods | |||
SERVICES | |||||
16 | Service provided to a recipient | Location of Recipient | |||
17 | Service provided to an un-registered receipient | If address of Recipient is not known, location of service provider | |||
18 | Services related to immovable property | Location of property Location of Recipient fif property out of india |
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19 | Performance based services -- eg grooming, training, fitness, beauty, surgery etc. | Location where service is performed | |||
20 | Admission to event | Location where event is held | |||
21 | Services on board a conveyance | First point of Departure | |||
22 | Banking & Financial / Insurance services to account holders | Location of Recipient of service | |||
23 | Online Information and Database access / retrieval services (OIDAR) | Location of Recipient of Services | |||
CROSS BORDER / IMPORT _ EXPORT | |||||
24 | IMPORT OF GOODS | Location of Importer of Goods | |||
25 | EXPORT OF GOODS | PoS = Outside India | |||
26 | Cross border Supply of Services | Location of Recipient. In case not available, then location of Supplier of Services |