Determination of Nature of Supply Under GST (Intra-State or Inter-State)



One of the many disputes that have continued to exist in the present regime of taxation of sale of goods to determination of the nature of transaction as inter-State sale subject to Central Sales Tax or local sale subject to VAT. Now, with the advent of GST which aims to simplify indirect taxation in India it would be interesting to investigate whether the legislature has been aware of this challenge or not and if so, how has it sought to address it.

For, inter-state transactions, IGST would be levied under GST regime, which would be sum of total of both CGST and SGST and will be administered and levied by the Central Government. Here, in this article we are going to understand how to determine nature of supply, whether it is an Intra-State Supply of Inter-State Supply.

Section 7, 8 and 9 of the IGST deals with the transactions to be treated as Inter-State Supply.

Inter-State supply of Goods [Section 7 (1) & (2)]

Inter-State supply of Services [Section 7 (3) & (4)]

Inter-State supply of Goods and Services (Others) [Section 7 (5)]

Intra-State Supply of Goods [Section 8 (1)]

Supply of goods where the location of the supplier and the place of supply of goods are in the same State or same Union territory shall be treated as intra-State supply.

Intra-State Supply of Services [Section 8 (2)]

Supply of services where the location of the supplier and the place of supply of services are in the same State or same Union territory shall be treated as intra-State supply.

Establishment [Explanation to Section 8]

Note: A person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory.

Supplies in territorial waters [Section 9]

The author is a practising Chartered Accountant and has authored a book on Companies Act, 2013 with a renowned publisher. He can also be reached at ca.jainam@gmail.com


Daily Limit Reached

You have reached your daily limit of 2 Free Articles

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Community
  • Daily E-Newsletter
  • Unlimited Articles Access
  • Profile Visitors
  • Link Social Profiles
  • Featured Job Posts
  • Pro Badge
  • Expert GST Guidance
  • Unlimited Forum Replies
  • Download Content in PDF
1 Year PLAN
1999
(Excl. of GST ₹359)

BEST VALUE
2 Years PLAN
3499
(Excl. of GST ₹629)

3 Months PLAN
999
(Excl. of GST ₹179)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience.


21685 Views 6 Likes Comment   Share GST   Report


About the Author

Practicing Chartered Accountant

Brief Profile I, Jainam P. Shah holds a degree in Bachelor of Commerce, Gujarat University and is an Associates Member of the Institute of Chartered Accountants of India (ICAI). Currently, I am holding the certificate of practice from the Institute of Chartered Accountants of India and working as a partner in M/s Ni ... Read more

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details
Company
29 August 2026
Chartered Accountant

Velionit Consulting PVT LTd

Mumbai

CA

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details