Operations with permanent service setup and stored goods qualify as fixed establishment under GST Section 2(71)
Case-Laws
GST
The AAR held that the applicant's operations in Odisha, involving repair and maintenance services through Field Service Engineers and storage of spare parts and tool kits, constitute a fixed establishment rather than a temporary place. Given the permanence of the applicant's presence and storage of goods at the Odisha location for fulfilling maintenance contracts, the site qualifies as a fixed establishment under GST law. Consequently, the applicant is required to obtain GST registration in Odisha, as the place of supply of services is deemed to be the fixed establishment in that state, pursuant to the definition of “location of the supplier of services” under Section 2(71). This ruling mandates compliance with GST registration and tax obligations in Odisha for services rendered from the fixed establishment there.
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