Indirect Taxation
1246 Points
Joined May 2012
A case where services are being provided to a branch with in the state, but payment is being made by the head office, registered outside the state. Whether this will taken as inter state supply of service?
It is important to note that section 3 & 3A of Draft IGST Act, pointed two things which are, the location of supplier and the place of supply. To determine whether the transaction is Interstate supply or Intra State Supply only above two points require to check. It has nothing to do with the payment mechanism. Therefore, since in above case the place of supply and the location of supplier are in same state, transaction would be called as Intra state supply and not an Inter State supply.
Further if we are providing services/supplying goods, outside India, with overall turnover within Rs. Twenty Lacs, is registration under GST required?
I am also keen to know whether registration is mandatory in this case or not. I tried alot to find the solution but no such provision in the draft law, which mandate to above assesse register.
But according to my undersanding of law, registraion should be must. If registration is not mandatory how such assessee would get the refund of its Input.