Query related to Gst tax

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This query is : Resolved

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A Mumbai-based company received a service from a Gujarat vendor and was charged local GST. The company, with no business presence in Gujarat, is unsure if IGST or CGST/SGST should apply according to GST law. The vendor insists on charging local GST. The core issue is determining the correct GST type and preventing potential Input Tax Credit (ITC) loss.

irfan momin

irfan momin (Querist)
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27 June 2022 Hi,

We are registered company mumbai based. We have received service from Gujrat vendor for license fees for 1 year. They have charge us Local gst on Tax invoice due to supply of service is in Gujrat location, but we dont have any place of business in gujrat. Hence what will be the Gst - Whether IGST Or CGST-SGST will be charged as per gst law. Vendor is denying to raise invoice under IGST.

Kindly help in clearing this doubt.

Thanks

Udaya Chandran

Udaya Chandran (Expert)
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27 June 2022 If the location of the supplier and the place of supply of service are in the same state, it is considered as intra-state supply, thereby CGST & SGST will be charged.

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irfan momin

irfan momin (Querist)
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28 June 2022 Thanks for confirmation.

Now if CGST+SGST for Gujrat is applicable, then we have to face ITC LOSS. Please advice what measure to be taken to prevent from this loss for this transaction. itc amt is 110000/-

Udaya Chandran

Udaya Chandran (Expert)
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28 June 2022 At present, I don’t find any such provision that allows or disallows such ITC in the Act. So, I leave this to other experts for their comments and suggestions.

Ajay Goswami

Ajay Goswami (Expert)
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02 July 2022 If the location of the supplier and the place of supply of service are in the same state, it is considered as intra-state supply, thereby CGST & SGST will be charged. But as you have mentioend that you have taken services in Mumbai, then in this case place of supply would be Mumbai(maharashtra ) only and Serice provider is liable to raise IGST invoive then only you can avail IGST credit because you have GST number of Maharashtra state as per my opinion.

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