Section | Nature of Transaction | Place of Supply |
The place of supply of goods, other than supply of goods imported into, or exported from India, shall be as under: | ||
10(1) (a) | Where the supply involves MOVEMENT OF GOODS, whether by the supplier or by the recipient or by any other person, | Location of the goods at the time at which the movement of goods terminated for delivery to the recipient. Note: Thus, irrespective of the number of states the goods pass through during the course of its journey, the state in which the movement of goods terminates for delivery to the recipient is the place of supply of goods. |
10(1) (b) | 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 document of title to the goods or otherwise, | It shall be deemed that the said third person shall received the goods; and The place of supply of such goods shall be the principal place business of such person. |
10(1) (c) | Where the supply does not involve movement of goods, whether by the supplier or the recipient, | Location of such goods at the time of the delivery to the recipient. |
10(1) (d) | Where the goods are assembled or installed at site, | Place of such installation or assembly. |
10(1) (e) | Where the goods are supplier on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle. | Location at which such goods are taken on board. |
10 (2) | Where the place of supply of goods cannot be determined | Shall be determined in such manner as may be prescribed. |
Section | Nature of Transaction | Place of Supply |
12 (1) | Determine of the place of supply of services where the location of supplier of services and the location of the recipient of services is in India. | |
12 (2) | General Provisions: The place of supply of services |
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| a) made to a registered person b) made to any person other than a i) where the address on record ii) in other cases | Location of such person;
i) The location of the recipient ii) The location of the supplier of |
12 (3) | Services provided in relation to immovable property: | |
| Service: a) directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or estate agents, any service provided by way of grant of right to use immovable property or for carrying out or co-ordination of construction work; or b) by way of lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a house boat or any vessel or c) by way of accommodation in any immovable property for organising any marriage or reception or matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or d) any services ancillary to the services referred to in clause (a), (b) and (c), | Location at which the immovable property or boat or vessel, as the case may be is located or intended to be located. |
| If the location of the immovable property or boat or vessel is located or intended to be located outside India. | Location of the recipient |
| Where the immovable property or boat or vessel is located in more than one State or Union territory, the supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. | |
12 (4) | Restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery | Location where the services are actually performed. |
12 (5) | Services in relation to training and performance appraisal to: | |
| a) a registered person, | Location of such person; |
| b) a person other than a registered | Location where the services are actually performed |
12 (6) | Services provided by way of admission to a cultural, artistic, sporting, scientific, educational, entertainment event or amusement park or any other place and services ancillary thereto, | Place where the event is actually held or where the park or such other place is located. |
12 (7) | Services provided by way of: | |
| a) organisation of a cultural, artistic, sporting, scientific, educational, entertainment event including supply or services in relation to a conference, fair, exhibition, celebration or similar events; or b) services ancillary to organisation of any of the events or services referred to in clause (a), or assigning of sponsorship to such event,- i) to a registered person ii) to a person other than a registered person, i) If event is held in India. ii) If event is held outside India. |
Location of such person; i) Place where event is actually held. ii) Location of the recipient. |
| Where the event is held in more than one State or Union territory and a consolidated amount is charged for supply of such services shall be taken as being in each of the respective States or Union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement, entered into in this regard or, in the absence of such contract or agreement on such basis as may be prescribed. | |
12 (8) | Services by way of transportation of goods, including by mail or courier to: | |
| a) a registered person, | Location of such person; |
| b) a person other than a registered person, | Location at which such goods are handed over for their transportation. |
12 (9) | Passenger transportation service to: | |
| a) a registered person, | Location of such person; |
| b) a person other than a registered person,
Where the right to passage is given for future use and the point of embarkation is not known at the time is issue of right to passage, a) made to a registered person. b) made to any person other than a i) where the address on record ii) in other cases. | Place where the passenger embarks on the conveyance for a continuous journey.
a) Location of such person. i) the location of the recipient. ii) the location of the supplier of |
| Return journey to be treated as a separate journey (Explanation): The return journey shall be treated as a separate journey, even if the right to passage for onward and return journey is issued at the same time. | |
12 (10) | Services on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle. | Location of the first scheduled point of departure of that conveyance for the journey. |
12 (11) | Telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall, |
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| a) in case of services by way of fixed telecommunication line, leased circuits, internet leased circuit, cable or dish antenna. | Location where the telecommunication line, leased circuit or cable connection or dish antenna is installed for receipt of services. |
| Where the leased circuit is installed in more than one state or union territory and a consolidated amount is charged for supply of services relation to such circuit, the place of supply of such services shall be taken as being in each of the respective state or union territories in proportion to the value for services separately collected or determined terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed. | |
| b) in case of mobile connection for telecommunication and internet services provided on – paid basis, | Location of billing address of the recipient of services on the record of the supplier services; |
| c) in cases where mobile connection for telecommunication, internet service for direct to home television services are provided on pre-payment basis through a voucher or any other means- i) through a selling agent or a reseller or a distributor of subscriber identity module card or recharge voucher, ii) by any person to the final subscriber. If such prepaid service is availed or the recharge is made through internet banking or other electronic mode of payment, |
Address of the selling agent or reseller or distributor as per the record of the supplier at the time of supply; or
Location where such prepayment is received or such vouchers are sold; Location of the recipient of services on the record of supplier of service |
| d) In other cases, i) If address of the recipient as per the records of the supplier of services is available ii) where such address is not available |
Address of the recipient as per the records of the supplier of services and
Place of supply shall be location of the supplier of services. |
| Where the address of the recipient as per the records of the supplier of services is not available, the place of supply shall be the location of the supplier of services. | |
12 (12) | Banking and other financial services, including stock broking services to any person | Location of the recipient of services on the records of the supplier of services: |
| If the location of recipient of services is not on the records of the supplier, | Location of the supplier of services; |
12 (13) | Insurance services; a) to a registered person, b) to a person other than a registered | Location of such person; Location of the recipient of services on the records of the supplier of services. |
12 (14) | Advertisement service to the Central Government, a State Government, a statutory body or a local authority meant for the States or Union territories identified in the contract or agreement. | a) Place of supply shall be taken as being in each of such States or Union territories. b) Value of such supplies specific to each State or Union territory shall be in proportion to: i) amount attributable to services provided by way of dissemination in the respective State or Union territories as may be determined in terms of the contract or agreement entered into n this regard or, ii) in the absence of such contract or agreement, on such other basis as may be prescribed. |
Event | Time Limit | ||
1) | Where the due date of payment is ascertainable form the contract. | 1) | The invoice shall be issue on or before the due date of payment. |
2) | Where the due date of payment is not ascertainable form the contract. | 2) | The invoice shall be issued before or at the time when the supplier or service receiver the payment. |
3) | Where the payment is linked to the completion of an event. | 3) | The invoice shall be issued on or before the date of completion of that event. |
Cost of supply | X |
Add: |
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All Incidental Expenses related to such supply | X |
Expenses paid by Recipient on Behalf of Supplier | X |
Any late payment charges such as interest/penalty | X |
Any expenses charged separately | X |
Subsidies received except from Government | X |
Any Taxes other than GST | X |
Profit on such Supply | X |
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Less: |
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GST included in the cost, if any | (X) |
Discounts(if known at the time of supply) | (X) |
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Value of Supply | XX |
Event | Value of Supply |
Purchase of foreign currency by service supplier | (RBI Reference Rate at that Time –Buying Rate) x Total Unit of Currency |
Sale of foreign currency by service supplier | (Seller Rate – RBI Reference Rate at that Time) x Total Unit of Currency |
Amount I = Foreign Currency Sold * RBI Reference Rate of that Currency to Indian Rupees Amount 2 = foreign Currency Bought * RBI Reference Rate of that Currency to Indian Rupees | XXX
XXX |
Gross Indian Rupees = Amount 1 or Amount 2 Whichever is less | XXX |
Value = 1% of the Gross Indian Rupees | XXX |
| For An Amount | Value of Supply Shall be Calculated at the Rate of: |
1) | Upto1,00,000 | a) 1% of the gross amount of currency exchanged or b) 250 , whichever is higher |
2) | Exceeding 1,00,000 and upto10,00,000 | 1,000 + 0.5% of the gross amount of currency exchanged |
3) | Exceeding 10,00,000 | a) 5,500 + 0.1% of the gross amount of currency exchanged; or b) 60,000 Whichever is lower |
Such option shall not be withdrawn during the remaining part of that financial year |