Goods and Services Tax – Started By: – Kaustubh Karandikar – Dated:- 3-11-2018 Last Replied Date:- 6-11-2018 – XYZ paid GST wrongly under IGST instead of paying under CGST + SGST for the period July 17 to September 18. Can they adjust the same while paying current months liability by issuing credit notes or they need to again pay CGST + SGST and then claim refund of IGST wrongly paid? – Reply By KASTURI SETHI – The Reply = Dear Querist, Are you sure about 'Place of supply' ? More details are required for correct reply. – Reply By Kaustubh Karandikar – The Reply = XYZ (Punjab) receiving commission for abroad on which GST is paid. As per Section 13(8) of IGST Act the POS in case of intermediary services is the location of the supplie
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But will it not fall under Section 8(2) of IGST Act and if not under which sub-section of Section 7 will it fall? – Reply By KASTURI SETHI – The Reply = Dear Sir, Your client is supplying /providing services, namely, intermediary services abroad and getting commission from a foreign service receiver. Service has been consumed outside India. As per Section 13(8) (b) of IGST Act, 2017, place of supply is location of supplier i.e. within India . So it is inter-State supply. and not intra-State. These, being intermediary services, are NOT covered under Section 7 of IGST Act. – Reply By Kaustubh Karandikar – The Reply = Sir, i appreciate your views. But Section 13 decides the applicability of GST based on 'Place of Supply' and once that
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ad of thinking about depositing against wrong type of tax.I wish other learned experts intervene to clear the air. – Reply By Alkesh Jani – The Reply = Dear Sir, In this regards, prima facie, I concur with the views of Sh. Kasturiji Sir, that as per the query, it can be treated as inter-state service. However, few clarification in the matter is required such as The services provided is with regards to any goods as given in Section 13(3)(a)? Whether payment is received in foreign currency? Have you raised any Invoice to Foreign Service recipient? Further, Section 13 of IGST Act, clearly states that Place of supply of service where location of supplier or location of recipient is outside India.. To arrive at any conclusion for any sub-clause
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