GST Overview (Concept of GST, Supply, Intra-State and Inter-State Supply) -Karan Talwar, Advocate

Transcription

1 GST Overview (Concept of GST, Supply, Intra-State and Inter-State Supply) -Karan Talwar, Advocate

2 GST Overview - Objective Destination based consumption tax Multi Stage Value Added Tax One nation one tax GST Council Broad based tax Minimal exemptions

3 Benefits of GST Cascading effect of taxes to be avoided Multiplicity of taxes, compliances to be avoided Many taxes now subsumed GSTN Digital/electronic compliance Improved logistics

4 Central levies to be subsumed Central excise duty Central Sales Tax (CST) Additional excise duties Excise duty levied under the Medicinal and Toiletries Preparation Act Service tax Additional customs duty (CVD) Special additional duty (SAD) Central Cesses- SBC/KKC

5 State levies to be subsumed VAT/Sales tax Entertainment tax (other than levied by local bodies) Octroi and Entry tax Purchase tax Luxury tax Taxes on lottery, betting and gambling State surcharges and cesses relating to supply of goods and services

6 Taxes not subsumed Basic Customs Duty Excise Duty / VAT on Petroleum Products for initial years Excise Duty on Tobacco Products Electricity Duty by state Entertainment tax levied by local bodies State excise on Alcoholic Beverages Property tax, Stamp Duty and taxes on immovable properties Royalty on minerals, Environmental / regulatory taxes- e.g. vehicles tax

7 Levy of GST Article 366(12A): Goods and services tax means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption. Taxable event Supply Liability on Supplier Reverse Charge S. 9(3) and 9(4) Lateral Charge E-Commerce Operator

8 Components of GST CGST Central Tax on Intra-State supplies SGST State Tax on Intra-State supplies UTGST Union Territory Tax on Intra State Supplies IGST Tax imposed by Centre on Inter-State supplies, including imports etc GST Compensation Cess on inter and intra state supplies For 5 years or as recommended by GST Council

9 Outside GST Alcoholic Liquor for human consumption Tax on 5 petroleum products - from a date to be notified Petroleum Crude; HSD; Petrol; Natural Gas; ATF

10 Rates in GST Maximum rate of 40% for IGST Maximum rate of 20% each for CGST and SGST/UTGST Proposed tax tier structure of 0%, 5%, 12%, 18% and 28% for goods Additional Cess on specified supplies peak rates in Schedule to GST Compensation Cess Act, 2017 Proposed tax rate of 18% on services. GST Council may examine two tier structure of 12% and 18% in May

11 Rates for Composition Levy Applicable to registered person whose Aggregate Turnover <50 Lakhs in preceding FY Category Rate under CGST Rate under SGST Manufacturer 1% 1% 2% Supply of food other than alcoholic liquor for human consumption 2.5% 2.5% 5% Other suppliers 0.5% 0.5% 1% Effective rate/igst rate

12 Rates for Composition Levy Subject to Reverse charge liabilities under Section 9(3) and Section 9(4) Not available to Service providers other than suppliers of food Suppliers making supplies not liable to tax Inter-State supplier of goods Supplier through E-Commerce operator who is required to collect tax at source A manufacturer as may be notified

13 Registration Persons registered under earlier law Threshold limits Special Category States INR 10 Lakhs Other than above INR 20 Lakhs

14 Registration Inapplicable to Inter-State supplier Casual taxable persons making taxable supply Persons liable under reverse charge E-Commerce operators Non resident taxable persons making taxable supply Agents ISDs TDS deductors OIDAR Service providers supplying from outside India Impact of Section 9(3) and 9(4)

15 Registration State wise registration Business Vertical may be separately registered Concept of Distinct Persons Not liable to registration Exclusive supplier of exempt goods and services Agriculturist to the extent of supply of produce out of cultivation of land As may be further notified

16 What is Supply Inclusive definition All forms of supply Sale Barter, Exchange Licenses, Rentals, Leases Transfer Disposal For a consideration in course of furtherance of business By a person To another person not specified Made or agreed to be made Import of services for consideration whether or not in the course of business

17 Composite Supply Supply by taxable person Two or more supplies of goods/services or combination Naturally bundled Supplied in conjunction in ordinary course of business One of which is a principal supply (predominant element) Illustration: Supply of goods which are packed and transported with Insurance If a composite supply to be taxed as the principal supply

18 Mixed Supply Two or more individual supplies By a taxable person In conjunction with each other For a single price Such supply is not a composite supply If a mixed supply to be taxed at highest rate Illustration: Supply of package of canned foods, aerated drinks and fruit juices

19 Indicative factors - whether Composite or Mixed Supply Essential Features of the transaction Whether naturally bundled Whether there is a single price Whether each supply could have been made separately Is one supply a predominant supply Card Protection Plan case C-349/96 - ECJ

20 Deemed Supplies Schedule 1 No consideration Permanent transfer or disposal of business assets where input tax credit has been availed on such assets What are business assets Reference to availed Section 18(6) Reference to such assets Free samples Section 17(5)(h) Confiscation

21 Deemed Supply Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business: Gifts < INR 50,000 in a FY by an employer to an employee No supply of goods/services Rule 2 of Draft Determination of Value of Supply Rules If recipient eligible for full ITC then value declared in invoice deemed to be Open Market Value Not applicable where supply is made through an agent

22 Deemed Supply Supply of goods by Principal to Agent where Agent supplies on behalf of Principal Agent to Principal where Agent receives goods on behalf of Principal Import of services by a taxable person from a related person or from any of his other establishments outside India, in the course or furtherance of business

23 Definition of Goods and Services Goods means every kind of movable property and: Includes actionable claim Excludes money and securities Services means anything other than goods : Includes transactions in money in relation to use / conversion Excludes money and securities

24 Classification Schedule II Schedule II of the CGST Act For classification Difference between S.3(2) of November Model GST Law and Section 7(1) (d) of the CGST Act

25 Deemed Supply of Goods Transfer of title in the goods Agreement providing for transfer for title in goods at a future date on payment of consideration Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration Transfer of business assets whether or not for consideration

26 Deemed Supply of Services Services involving supply of food/drink (Not alcoholic liquor) Any transfer of goods or of right in goods or of undivided share in goods without the transfer of title thereof Any treatment or process applied to another person s goods is a supply of services Renting Construction before receipt of completion certificate Refrain from an act, or to tolerate an act or a situation, or to do an act; Any activity in the form of development, design, programming, customizing, adaption, upgradation, enhancement, implementation of Information Technology Software. Business assets put to private use Composite supply of works contract for immovable property

27 Issues - Supplies of food along with alcoholic liquor Non-composite supply of works contract of immovable property Outright sale of intangible property

28 Schedule III Neither a supply of goods nor a supply of Services Employer Employee Services by Courts/Tribunals Functions performed by Members of Parliament/State Legislature etc Services of funeral, burial, crematorium, mortuary including transportation of the deceased Sale of Land and Building (except Construction Services) Sale of immovable plant and machinery? Actionable Claims other than lottery, betting and gambling Vouchers?

29 Intra-State/Inter-State Supply Broad Principle Intra-State Supply - If location of supplier and place of supply is in the same State/UT Inter-State Supply - If location of supplier and place of supply are in different States/UTs Detailed Rules on Place of Supply in Section 9 to 14 of IGST Act Location of supplier of services defined Location of supplier of goods not defined

30 Specific Inter-State Supplies Supply of goods imported into the territory of India till they reach customs frontiers Supply of services imported into india Supply when supplier is located in India and place of supply is outside India (Exports) Goods located in overseas warehouse sold to overseas customer? Supply to or by SEZ developer/unit Supplies to tourists leaving India Section 15 of IGST Act

31 Zero-rated Supplies Supplies to SEZ Developers/Units Export of Goods Export of Services Supplier in India Recipient outside India Place of supply is outside India Payment to be received in foreign exchange Supplier and Recipient are not merely establishments of distinct persons Supplies to be zero-rated regardless of whether they are exempt supply

32 Transitional Provisions

33 Migration of Existing Tax Payers Existing registered person with a valid PAN would be given a provisional basis Final certificate shall be issued in such form and manner as may be prescribed Person not liable for payment of GST may make an application for cancellation

34 Pre-condition: Amount of CENVAT carried forward in return a. CC/VAT/Entry tax credit carried forward in return relating to period ending with day immediately preceding appointed day, furnished under earlier law. b. Not opting to pay under composition scheme c. Should have filed immediately preceding 6 months returns under earlier law If, admissible under this Act Credit furnished under earlier law If, NOT admissible under this Act Credit available Credit not available

35 Amount of CENVAT carried forward in return (contd.) Other conditions with respect to the State laws: Claim of credit relating to: Transit sales Penultimate sales Stock transfer Inter-state sales Will not be eligible to take in ECL without substantiation as per Rule 12 of CST (Registration and Trunover)Rules, 1957 Once substantiated as per Rule 12 of CST (Registration and Turnover)Rules, 1957, will be refunded under earlier law. Return shall be furnished under earlier law not later than 90 days after appointed day. GST TRAN 1 to be submitted.

36 Un-availed CC/input tax of Capital goods A registered taxable person (except under composition scheme) - entitled to take credit of unavailed CC on capital goods not carried forward in earlier return filed under the earlier law Subject to admissibility of credit in earlier law & GST Unavailed Total entitlement less already availed

37 Credit of inputs held as stock in certain cases Registered person (CGST) Not liable to register under earlier law Mfr / providing of exempted goods/service Works contractor and availing benefit of Not. 26/2012-ST 1 st stage, 2 nd stage dealer & registered importer Entitled to take credit of eligible duties and taxes on inputs, (in WIP & FG also). Duties and Taxes in respect of inputs ED, SED, AED (T&T), AED(GSI), NCCD, CVD, SAD, ST/,VAT & Entry tax.

38 Credit of inputs held as stock (Contd.)- Subject to Section 140(3) Such inputs Anti-profiteering Taxable person Taxable person Such documents Are used or intended for making taxable supplies Benefit of such credit to be passed on by way of reduced prices. Eligible for input tax credit under GST Act Is in possession of invoice & other Docs as under earlier law Are issued not earlier than 12 months from appointed day No Abatement (CGST) Supplier of service is not eligible for abatement under this Act. A registered taxable person other than a manufacturer or supplier of service not in possession of invoice /document evidencing payment of duty take prescribed credit in prescribed manner. (CGST)

39 Credit in respect of exempt and taxable goods Registered person (CGST) Manufacturing both exempted and non-exempted goods Providing both exempted and non-exempted services Eligible credit Carried forward in the return (existing law) CC of eligible duties on inputs, (in WIP & FG also) relating to exempted goods/services as per s. 140(3).

40 Credit with respect to inputs / input services in transit A registered person would be eligible to take credit of eligible duties on inputs or input services Received on or after appointed day Duty or tax paid before appointed day Condition - Invoice/other document to be recorded within 30 days/extended period from apptd. day - Further extension of 30days on suffient cause

41 Person switching over from composition scheme Registered taxable person - who is paying tax at fixed rate/amount under earlier law - shall be entitled to take credit of eligible duties -in respect of inputs held in stock(inputs, WIP & FG). The above subject to conditions Such inputs/goods In possession of Are used/intended for making taxable supplies Tax invoice/other document not earlier than 12 months Such person ITC Not paying tax under composition Eligible under this Act

42 Credit distribution of service tax by ISD Notwithstanding anything to the contrary, Input tax credit of services received prior to appointed day, by an ISD Is eligible for distribution as credit under GST Even if invoice(s) received on or after the appointed day.

43 Centralized Registration Can carry forward the credit Conditions Returns to be filed under earlier law not later than 3 months from the appointed date Credit should be admissible under GST Can be transferred to other locations of the same PAN

44 Reversal for non-payment Service Tax credit reversed for non-payment within 3 months under the earlier law Can be availed with 3 months from the appointed date

45 Dutiable goods returned to place of business returned to place of business Return by an unregistered person Returned after 6 months Duty/Tax paid goods under earlier law returned to place of business Returned within 6 months No refund Taxable person shall be eligible for refund of the duty paid under the earlier law Goods returned by a registered person is a deemed supply

46 Input and semi finished goods removed for job work and returned Inputs & semi-finished, finished goods received/mfrd. in a factory and removed for job work as per earlier law and Returned to said factory after 6* months Returned within 6* months ITC recoverable No tax *Extendable upto 2 months Apply the above only if manufacturer and JW declare -details of inputs held in stock by JW. FG & WIP can be removed with payment of tax and can be exported without payment of tax

47 Issue of supplementary invoices, debit / credit notes Contract entered prior to appointed day Section-142(2)a) Price of goods/services revised after appointed day: Upwards - Issue Supplementary invoice or debit note. Downwards - Issue supplementary invoice or credit note. Deemed to be in respect of outward supply under GST Reduction in tax liability allowed only if recipient has reduced corresponding ITC *Issue within 30 days of such revision.

48 Pending refund claims to be disposed of under earlier law Every claim for refund Of CENVAT Credit/duty/tax and interest, PAID before appointed day Filed by any person before or after the appointed day Disposed of in accordance with earlier law Amt eventually accruing- CGST - paid in cash subject to unjust enrichment SGST - As per the provisions of the said law Claim for refund is fully or partially rejected-amt shall lapse No refund of CENVAT credit to the extent c/f on appointed day

49 Refund claims filed after appointed day CGST Of duty / tax paid under earlier law for goods / services exported before/after appointed day Sec 142(4)/ (5) Of tax deposited under earlier law with respect to services not provided Shall be disposed off in accordance with earlier law : Amount rejected shall lapse. No refund if CENVAT credit c/f on appointed day Amount accruing shall be paid in cash subject to unjust enrichment

50 Claim of Cenvat credit to be disposed of under the earlier law Every proceeding of claim for CC under the earlier law initiated before/ after appointed date Every proceeding of recovery of CC under the earlier law initiated before/ after appointed date Disposed of in accordance with provisions of earlier law Disposed of in accordance with provisions of earlier law Admissible amount-refund in cash subject to unjust enrichment. Not be admissible as ITC Amount recoverable as arrears of tax under GST Act. *No refund of CC if c/f on the appointed day

51 Finalization of appeal, revisions, review, relating to output duty/tax liability Every proceedings of output duty/tax liability Disposed off as per earlier law If amt becomes recoverable Amt found to be admissible To be recovered as arrear of tax under GST* CGST - To be refunded in cash subject to unjust enrichment SGST - In accordance with the provisions of earlier law *not be admissible as input tax credit- GST

52 Treatment of amt under assessment or adjudication proceedings Any assessment or adjudication proceedings under earlier law whether before / after appointed day of tax, interest, fine, penalty If amt becomes recoverable Tax or any amt becomes refundable To be recovered as arrear of tax* CGST - To be refunded in cash subject to unjust enrichment SGST - In accordance with the provisions of earlier law *not be admissible as input tax credit- GST

53 Amount recovered or refunded pursuant to revision of returns Return furnished under earlier law is revised If amt is recoverable If amt is refundable Recover as arrear of tax under GST* *not be admissible as input tax credit- GST CGST - To be refunded in cash subject to unjust enrichment SGST - In accordance with the provisions of the said law

54 Long term construction / works contracts Contract is prior to appointed day & Goods and/or services supplied Before the appointed day On/After the appointed day Provisions of earlier law Provisions of GST law

55 Goods sent on approval basis returned Goods sent on approval basis, not earlier than 6 months is rejected Returned after 6* months Not Returned within 6* months Returned within 6* months Tax payable - by person returning taxable goods Tax payable - by person sending the taxable goods No, tax on goods returned * May be extended for further period of 2 months

56 Deduction of tax source Before appointe d day sale of goods in respect of which TDS provision applies under earlier law issued invoices for the same After GST payment to the said supplier is made YES No deduction of TDS u/s 46

57 Import of service or Inter-State supply of goods Invoice received / payment made before appointed day Tax on import of service paid in part under earlier law Import of service / inter-state supply of goods after appointed day Balance amount payable under GST Liable under GST If tax paid in full under earlier law, No GST

58 Questions & Answers

59 Goods & Services Tax (GST) Provisions relating to Levy, Place and Time of Supply and Valuation CA Radhika Verma - CA Radhika Verma Partner, Indirect Taxes, Laxminiwas & Co.,

60 CA Radhika Verma LEVY

61 GST Taxable event Supply is a single taxable event under GST. Resulting in convergence of multiple taxable events. Manufacture Sales CA SUPPLY Radhika Verma GST Provision of services Provision of luxury items Entry of goods into local area limits Entetainment event

62 GST GST [The Framework] Within the state (INTRA- STATE) CGST SGST/UTGST CA Radhika Verma In the course of inter-state (INTER-STATE) IGST (CGST+SGST) Central Govt. State Govt./UTs GST to be collected by Centre

63 GST Snapshot Goods outside the GST Crude Oil, diesel and petrol Sale and consumption of electricity Goods outside the purview Natural Gas and Aviation fuel Tax on alcohol and liquor consumption Deferred Excluded CA Radhika Verma Not subsumed Double tax Natural Gas, Aviation fuel, Crude Oil Alcoholic liquor for human consumption Sale and consumption of electricity Tobacco & Tobacco Products

64 GST [The GST Framework] Dual - India Structure Section 7 and 8 of Integrated Goods and Services Tax Act, 2017 has defined Intra-State and Inter-State Supply for levy of Central Goods and Services Tax ( CGST ) + State Goods and Services Tax ( SGST ) or Integrated Goods and Services Tax ( IGST ) Inter-State Supply Inter-state supply is when location of supplier and place of supply are in: Two different States Two different Union Territories A State and a Union Territory CA Radhika Verma Intra-State Supply Intra-state supply is when location of supplier and place of supply are in the same state or same Union Territory

65 GST Levy GST Framework & Collection Dual - India Structure of GST Forward Charge CGST Act Sec 9(1) IGST Act Sec 5(1) Telangana SGST Bill Sec 9(1) UTGST Act Sec 7(1) Intra-state supply of goods and services Rate not exceeding 20% Tax on petroleum crude, HSD, Petrol, ATF deferred upto notified date Inter-state supply of goods and services Rate not exceeding 40% Tax on petroleum crude, HSD, Petrol, ATF deferred upto notified date Intra-state supply of goods and services Rate not exceeding 20% Tax on petroleum crude, HSD, Petrol, ATF deferred upto notified date CA Radhika Verma Intra-state supply of goods and services Rate not exceeding 20% Tax on petroleum crude, HSD, Petrol, ATF deferred upto notified date Alcoholic Liquor for human consumption is outside the ambit of the charging section

66 GST Levy GST Framework & Collection Dual - India Structure of tax Reverse Charge Notified Goods and Services Supplies received from Unregistered Person Services supplied through e-commerce operator Notified categories of goods and services on which tax shall be paid on reverse charge basis by the recipient of such goods or services or both Supplies of taxable goods and services received from an unregistered person by a registered person [Concept of purchase tax] CA Radhika Verma Notified categories of services on which tax shall be payable by e-commerce operator when such services are supplied through it

67 GST Rate GST Framework Structure Dual - India Structure 5% (Essential goods) 12% (Standard rate) CA Radhika Verma 18% (Standard rate) 28% plus cess (Demerit rate)

68 Pillars of GST Key determinants of GST CA Radhika Verma Supply Value of Supply Time of Supply Place of Supply Rate of Tax

69 CA Radhika Verma

70 GST Value of Supply Value of Goods / Services CA Radhika Verma Transaction Value if Price is sole consideration Supplier & Recipient unrelated

71 GST Value of Supply Inclusions to transaction value other Taxes/Duties/Cesses than GST (CGST,SGST/UTGST, IGST & CESS) CA Radhika Verma Incidental expenses Commission & Packing/any amount charged for anything done by the Supplier Amount payable by supplier incurred by recipient & not included in price Interest or Late fees or penalty for delayed payment of consideration Uptil now excluded from value Subsidies DIRECTLY LINKED to price excluding subsidies by CG/SG

72 GST Value of Supply Exclusions to transaction value Before Supply After Supply Discount duly recorded in invoice Known before or at time of supply (Trade discount) CA Radhika Verma Discount after supply effected provided Discount in terms of agreement entered (Cash discount)+ Linked to specific invoices into at time of or before supply and ITC reversed by the recipient of supply

73 Valuation Rules GST Valuation Rules Consideration not in money Value between distinct / related persons Value of supplies by agent CA Radhika Verma Cost based valuation Residual method Certain specific supplies

74 Consideration not wholly in money CA Radhika Verma

75 Related / Distinct Persons Open Market Value CA Radhika Verma If recipient eligible for ITC, value on invoice Deemed open market value Government to notify class of services providers between distinct persons where value of services shall be deemed as Nil where ITC Credit is available

76 Value of goods b/w Principal & Agent Open Market Value of supplies OR CA Radhika Verma 90% of price charged by recipient to unrelated customer Schedule I of the Act Supplies without consideration

77 Residual Rules 110% of Cost of production of goods Cost Based 110% of cost of provision of service CA Radhika Verma Cost Based Adopt reasonable means of valuation Others

78 Rate of Exchange GST - RBI determined rate CA w.e.f. Radhika 01 October Verma 2014 Customs notified rate GAAP rate

79 CA Radhika Verma Time of Supply

80 GST Framework Time Dual - of India Structure Supply of Goods Forward Charge earlier of Reverse Charge earlier of Date of Invoice or last date on which supplier is required to issue invoice u/s 31(1) Date of receipt of goods Date on which supplier receives the payment (entry in books or payment credited in bank account) CA Radhika Verma Date of payment as entered in books of account of the recipient or date on which payment is debited in his bank account Note: Input Tax Credit will not be available to recipient when GST is paid by supplier on advance received Date following 30 days from the date of issue of invoice If neither of the above 3 can be applied, time of supply shall be date of entry in books of account of recipient of supply

81 GST Framework Time Dual -of India Structure Supply of Services Forward Charge earlier of Reverse Charge earlier of Date of issue of invoice by supplier, if within prescribed period u/s 31(2) or date receipt of payment, whichever is earlier date of payment as entered in books of account of recipient or date on which payment debited in bank account, whichever is earlier Date of provision of service if invoice is not issued within period prescribed u/s 31(2) or date of receipt of payment, whichever is earlier If above 2 conditions are not applicable, date on which recipient shows the receipt of services in his books of account?? CA Radhika Verma Date following 60 days from the date of issue of invoice If above 2 conditions are not applicable, date of entry in the books of account of the recipient of supply For Associated Enterprises, where supplier of services is located outside India, time of supply shall be date of entry in the books of account of recipient of supply or date of payment, whichever is earlier

82 CA Radhika Verma Place of Supply

83 Place of Supply - GST is Destination based Consumption tax Importance Dual GST Framework- PoS facilitates determining whether transaction qualifies as inter-state (IGST) or intra-state (CGST+SGST) Jurisdiction of Supply CA Radhika Verma If one tax paid wrongly for another, it could prove to be costly to the assessee

84 Intra-state Vs. Inter-state LoS PoS SS CA Radhika Verma LoS PoS DS Intrastate Interstate S.3 & S.4. Principles for determining whether the supply in inter-state supply or intra-state supply (Exceptions Import/Export/SEZ Supplies Always inter-state supplies)

85 Place of supply of goods PoS of Goods Other than Imports/Exports Imports/Exports of goods CA Radhika Verma Domestic transactions Goods exported- PoS location outside India Goods Imported PoS location of importer

86 Place of supply of goods (i) Supply involves movement of goods By Supplier CA Radhika Verma By Recipient Any other person Location where the movement of goods for delivery to recipient terminates is the PoS Eg: Most supplies of goods would fall under this

87 Place of supply of goods (ii) Principal place of business of such third party Supplier Invoice I Only Movement No Invoice CA Radhika Verma 1 2 Third Party Recipient Invoice II Location of such goods at the time of delivery to the recipient Eg: Bill to Ship to model

88 Place of supply of goods (iii) Supply does not involve movement of goods By Supplier CA Radhika Verma By Recipient Location of such goods at the time of delivery to the recipient Eg: Batching plant at Construction site/ Sale of fitouts as such in a office

89 Place of supply of goods (iv) Assembly/Installation CA Radhika Verma Location of such assembly/installation Eg: Installation of Lifts

90 Place of supply of goods (v) Location where the movement of goods for delivery to recipient terminates is the PoS Caterer Invoice I CA Radhika Verma 1 2 Operator Air/Rail/Vessel Passenger Invoice II Location where the goods are taken onboard

91 Place of supply of services PoS of Services CA Radhika Verma S.12- LoS= Both Supplier & Recipient are in India S.13 - LoS= One amongst Supplier or Recipient are outside India

92 Place of supply of services General rule Registered person Location of registered person Services CA Radhika Verma Unregistered person Address on records exist Location of the recipient of services Location of supplier in other cases

93 Services Place of supply of services Specific Directly in relation to immovable property Interior decorators, Architect, Hotel accommodation etc. Where such Immovable property is located or intended to be located Performance based Restaurant, Catering, Beauty CA Radhika treatment Verma etc. Place where such services are actually performed Training or performance appraisal, Organizing events, sponsorship of events Registered person Unregistered person Location of such registered person Location of where such training is performed/location of events

94 Services Place of supply of services Specific Admission to event, amusement park Cultural, Sport, scientific etc. Where such event is being held or park is located Passenger transportation services Registered person CA Radhika Verma Unregistered person Location of such registered person Location where passenger embarks continuous journey Transportation of goods by mail or courier Registered person Unregistered person Location of such registered person Location where such goods are handed over

95 Services Place of supply of services Specific Banking services Location of recipient of services In all other cases, location of supplier of services Insurance Registered person CA Radhika Verma Location of such registered person Unregistered person Location of recipient as per records Services on-board conveyance Registered person Location of first scheduled point of departure

96 Noted differences : Sec 12 & Sec 13 Transportation of Goods Passenger transportation Banking services Sec 12 Sec 13 Sec 12 Sec 13 CA Radhika Verma Sec 12 Sec 13 Registered recipient Unregistered recipient Destination of goods Registered recipient Unregistered recipient Location of embarking on a continuous journey Location of recipient available Location of recipient not available Location of Supplier of service Location of registered recipient Place of hand over of goods for transportation (pick up location) Location of registered recipient Location of embarking on a continuous journey Location of recipient Location of supplier

97 Co-ordinates: CA Radhika Verma