Know all about Place of Supply under GST for Goods and Services
Introduction
Knowing the place of supply is extremely important under GST. It is on the basis of ‘Place of Supply’ whether we can determine if GST is chargeable or not and whether IGST or CGST and SGST/UTGST is applicable. Place of Supply is covered under the IGST Act. Let us learn the same in detail.
Section 10 – Place of Supply pertaining to goods (other than imports & exports)
Situation | Place of Supply |
Supply involves movement of goods directly from supplier to recipient | Location where the goods are delivered |
Where goods are supplied at the direction of a 3rd person | Location of such 3rd person |
When there is no movement of goods – Cases of immediate delivery | Location where the goods are made available to the recipient |
When goods are assembled/installed at site | Location where the goods are assembled/installed |
When goods are supplied on board of a conveyance(including vessel, aircraft, train, motor vehicle) | Location where the goods are boarded |
Let us refer to the examples below to understand the same:-
- Whether supply involves movement of goods
Mr A is a seller of mobile phones in Mumbai. He wants to supply the goods to Delhi. The Place of supply is Delhi (location where the movement of goods terminates)
2. When goods are supplied at the direction of the 3rd person
Supplier from Mumbai is delivering to Mr C (Jaipur) on the direction of Mr B who is in Delhi. Place of supply is Delhi (location of Mr B)
3. No movement of goods (cases of immediate delivery)
Mr A owns a mobile shop in Bangalore. He sells mobile phones over the counter at his shop only. Place of Supply will be the location where the goods are made available to the customer’s i.e. Bangalore (place where his shop is located)
4. When goods are assembled/installed at site
Mr A is a manufacturer in Jaipur. He wants to manufacture a plant in Jaipur for which he has purchased parts from Mumbai, Delhi and Jodhpur. Place of supply will be Jaipur (where the plant is being assembled)
5. When goods are supplied on board of a conveyance
A flight is flying from Mumbai to Delhi via Goa. Food is supplied/boarded on the aircraft at Goa. Place of supply will be Goa (Location where the goods are boarded
Section 11 – Place of Supply pertaining to goods imported into India or exported from India
1.In case of Import
Place of supply shall be location of importer
Person from Kanpur is importing goods via a vessel. The vessel has reached Mumbai. Place of supply is Kanpur
2. In case of Export – Location outside India
Place of Supply of Services is covered in 2 sections:-
- Section 12 – Place of Supply pertaining to services, where location of supplier and recipient is in India
- Section 13 – Place of Supply pertaining to services, where either the location of supplier and recipient is outside India
Let us refer to the Place of Supply for specific cases under Section 12 and Section 13
Situation | Place Of Supply – Section 12 | Place Of Supply -Section 13 |
Services pertaining to immovable property (providing property on rent, services provided by interior decorators, surveyors, engineers) | Place where the immovable property is situated If property is outside India, then location of recipient | Location where the immovable property is situated |
Restaurant & catering services, personal grooming & fitness services, beauty treatment, health services Performance based services | Location where the service is actually being performed | Location where the service is actually being performed |
Training and Performance Appraisal services | If recipient is registered person, then location of such registered person If recipient is unregistered person, then location where service is being performed | Not explicitly mentioned |
Admission to an event or amusement park | Place where the event is actually held or where the park is located | Where the event is actually being held |
Organisation of an event | If recipient is registered person, location of registered person If recipient is unregistered person, location where event is being conducted If recipient is unregistered person & event is outside India, location of recipient | Where the event is actually being held |
Transportation of goods including mail | If recipient is registered person, location of registered person If recipient is unregistered person, place where goods are being handed over | Destination of such goods |
Passenger transportation | If recipient is registered person, location of registered person If recipient is unregistered person, place from where the passenger embarks for the journey | Place from where the passenger embarks for the journey |
Service on board a conveyance | First scheduled departure point | First scheduled departure point |
Banking and other financial services | Where records are available with the bank, location of recipient Where records are not available with the bank, location of supplier | Location of Supplier |
Insurance Services | If recipient is registered person, location of registered person If recipient is unregistered person, address of the recipient available with the Insurance Co | Not explicitly mentioned |
Telecommunication service which involves a fixed line | Location where the equipment is fixed | Not explicitly mentioned |
Telecommunication Postpaid Services | Billing address of the recipient | Not explicitly mentioned |
Telecommunication Prepaid Services | Place of sale of voucher (location of agent) | Not explicitly mentioned |
Supply w.r.t services where goods are to be made physically available | Not explicitly mentioned | Location where service is actually being performed If such services are being provided from remote location through e-media, location where goods are situated |
Online information and database access or retrieval services | Not explicitly mentioned | Location of the recipient |
Let us refer to some example of Section 12 to understand it better:
1.Services pertaining to immovable property
Mr A is provides interior decoration services to Mr B (from Delhi) for his properties which are located in London and Mumbai.
Property Located in | Place of Supply |
Mumbai | Mumbai (location of property) |
London | Delhi (location of recipient) |
2. Performance based services
Mr A from Delhi provides beauty treatment services to Mr C in Kolkata. Place of supply will be Kolkata (location where such services are being performed)
3. Training and Performance Appraisal
Mr A provides GST training to its clients in Mumbai
Recipient | Place of Supply |
XYZ Pvt Ltd (registered person located in Delhi) | Delhi (location of registered person) |
Mr B (unregistered person located in Goa) | Mumbai (location where such service is provided) |
4. Admission to an event or amusement park
Mr XYZ provides entry tickets for a music festival which is to be hold in Goa. Place of supply of such service will be Goa.
5. Organisation of event
You are an event manager and have organised a couple of events. Place of supply of these events will be as follows:-
Event Location | Recipient | Place of Supply |
Mumbai | PQR Pvt Ltd (registered person located in Jaipur) | Jaipur (location of registered person) |
Delhi | Mr X (unregistered person located in Bangalore) | Delhi (location of event) |
Paris | Mr Y (unregistered person located in Bangalore) | Bangalore (location of recipient) |
6. Transportation of goods including mail
XYZ Co provides the transportation services of goods from Jaipur to Delhi
Recipient | Place of Supply |
PQR Pvt Ltd (registered person located in Mumbai) | Mumbai (location of registered person) |
Mr X (unregistered person from Bangalore) | Jaipur (location of where the goods are being handed over) |
7. Passenger transportation
XYZ Co provides the transportation services of goods from Mumbai to Pune
Recipient | Place of Supply |
PQR Pvt Ltd (registered person located in Delhi) | Delhi (location of registered person) |
Mr X (unregistered person from Bangalore) | Mumbai (location of where the passenger embarks the journey) |
8. Service on board a conveyance
ABC Caterers provides dinner services on the following flights:-
Flight Schedule | Place of Supply (First scheduled departure point) |
Mumbai to London | Mumbai |
Delhi to Mumbai via Goa | Delhi |
London to Delhi | London |
9. Banking and other financial services
i. ICICI Bank provides fund transfer services to its accountholder, Mr B who is from Delhi. The records of Mr B will be available with ICICI bank. Place of supply in this case will be the location of the recipient (Delhi)
ii.Mr X (from Delhi) uses an ICICI ATM in Shimla, but account is with SBI. In this situation the details of Mr X will not be present with ICICI Bank. Place of supply will be Shimla (location of supplier – place where the ATM is located)
10. Insurance Services
ABC Insurance Co provides health insurance services.
Recipient | Place of Supply |
PQR Pvt Ltd (registered person located in Delhi) | Delhi (location of registered person) |
Mr X (unregistered person from Bangalore) | Bangalore (address of the recipient available with the insurance co) |
11. Telecommunication services (DTH services, mobile phone recharge)
Mr A is from Kolkata. He gets a job at Mumbai and gets a landline connection done at Mumbai. So, the place of supply in this case is Mumbai. However, the place of supply would be Kolkata, if Mr A would have taken a postpaid connection and provided the Billing Address of Kolkata.
Even by considering the above provisions, place of supply cannot be deduced, the law provides for a default provision in such cases which should be used while finding place of Supply
Section 12 – Place of Supply when
- Service provided to registered person is location of such registered person
- Service provided to unregistered person & location of recipient is available is location of recipient
- Service provided to unregistered person & location of recipient is unavailable is location of supplier
Section 13 – Place of Supply is Location of recipient. If the same is not available then location of supplier is to be considered.