Place of Supply under GST

Under GST, the existing system of levy of tax on manufacture, provision of taxable services, and sale of goods will be replaced by the concept of ‘Supply’. It is very important, therefore, to understand the “place of supply” meaning in determining the right charge of tax on supply.

There are two important components which determine the tax to be charged on a supply:

• Location of the Supplier It is the registered place of business of the supplier
• Place of Supply It is the registered place of business of the recipient

In an intra-state supply, the taxes to be charged are CGST and SGST .

In an interstate supply, the tax to be charged is IGST . The following are also treated as interstate supplies:

• Import of goods or services
• Export of goods or services
• Supply of goods or services to or by a SEZ developer or SEZ unit, even if the supply is within the state.

When a supply involves movement of goods, the place of supply is the location at which the movement of goods terminates for delivery to the recipient.

• When supply does not involve movement of goods, the location of the goods at the time of delivery to the recipient is the place of supply.
• When the goods are assembled or installed at site, the place of assembly or installation is the place of supply
• When the goods are supplied on board a mode of conveyance, the location at which the goods are taken on board is the place of supply

In the Bill to – Ship to model, the billing and shipping of goods are done to two states and entities. In order to avoid the cascading of multiple taxes through the course of the transaction, the first sale will be taxable, and any subsequent sale during the movement of goods is exempt from tax.

Under GST, the place of supply of goods is very critical to determine the transaction as interstate or intrastate. Accordingly, the applicable taxes can be levied. In GST, if the goods are supplied by the supplier to the recipient on the direction of a third person, it will be deemed that the third person has received the goods, and the place of supply will be the principal place of business of such third person.

Under GST, place of supply of services will determine the type of tax applicable on the service. This is based on the concept of GST being a ‘destination based consumption tax’, where tax will accrue to the State where the supply is consumed.

The rules for determining the place of supply of services are different from the rules for determining the place of supply of goods. In case of goods, the movement of goods largely decides the place of supply. Services, being intangible, have no fixed manner of delivery. Also, in certain cases of supply of service, the location of the supplier and/or recipient may not be fixed or even ascertainable. It is thus important for businesses to evaluate the place of supply in GST with example, to understand the subject better.

When a service is supplied to a registered person

Supply to a registered person within the same state

Supply to a registered person in a different state

When a service is supplied to an unregistered person

The address of the recipient exists in the records of the supplier

The address of the recipient does not exist in the records of the supplier

Place of Supply for Services Provided at Immovable Properties under GST