What is place of supply of goods and services under GST and why is it required?

The basic principle of GST is that it should effectively tax consumption of supplies at the destination or at the point of consumption of goods or services. Place of supply under GST regime is the place; i.e., the taxable jurisdiction where the tax should reach. Place of supply determines whether a transaction qualifies as inter-state or intra-state, which in turn will determine whether SGST plus CGST or IGST would be applicable for the transaction.

What will be the place of supply if the goods are delivered by the supplier to a person on the direction of a third person?

It would be deemed that the third person has received the goods and the place of supply of such goods shall be the principal place of business of such a person. (Section 5(2A) of IGST Act)

What is the default presumption for place of supply with respect to B2B supply of services?

The terms used in the IGST Act are registered taxpayers and non-registered taxpayers. The presumption in case of supplies to registered person is the location of such a person. Since the recipient of services is a registered entity; hence, address of the recipient is always considered as the place of supply.

What is the default presumption for place of supply with respect to an unregistered recipient?

With respect to an unregistered recipient, the usual place of supply is the location of the recipient. However, in many cases, the address of the recipient is not available. Therefore, in such cases, location of the supplier of services is considered as the place of supply.

For more detailed information, visit the GST portal.

GST Portal

*The guidance provided above is as per the Model GST law (released in November 2016) and draft Rules. Please refer to GST/ CBEC website for further details.