Export of Services

GST – GST FAQ 3rd Edition – December, 2018 – 21.2 – 21.2 Export of Services Q 30. What is supply of services in the GST? Ans. As in the earlier service tax regime, five conditions have been prescribed for a service to be treated as exports in GST. The five conditions comprised in the definition of the term Export of Services are cumulative and are to be fulfilled in totality in order to consider a transaction of supply of service as an export supply. They are as under: (i) the supplier of service is located in India; (ii) the recipient of service is located outside India; (iii) the place of supply of service is outside India; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange or i

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s for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment. (c) Where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply. (d) In absence of such places, the location of the usual place of residence of the supplier. A place of business is defined in section 2(85) of the CGST Act, 2017 and includes- (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person mai

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es that where a person has an establishment in India and any other establishment outside India then such establishments shall be treated as establishment of distinct persons. Where the Indian arm is set up as a liaison office or a branch they would be treated as establishments of the same entity and hence the supply inter se shall not qualify as export of services. However, if the Indian arm is set up as a wholly owned subsidiary company incorporated under the Indian laws, the foreign company and the Indian subsidiary would not be governed by the provisions of distinct person or related person as both are separate legal entities. Q 33. Whether supply of services to Nepal and Bhutan in Indian rupees are liable to GST? Ans. No. Supply of serv

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