Foreign company transactions

Rate / HSN codes 164 views 2 replies

Dear Sir/Mam,

 

There is a company in china which has its customers in India. The chinese company wants us to deliver the product to its Indian Customer and bill to Chinese company. For this transaction I have following questions.

 

1. Whether GST will be applicable on this transaction ?

2. Whether Chinese company is required to have GST registration in INDIA ?

3. Whether  this transaction can be termed as Export transaction and export benefits can be claimed on the same ?

4. Whether Chinese company can place an order in USD and pay in USD ?

 

Thanks for the reply in advance

Replies (2)

It will mainly depend upon the careful analysis of contract entered into between both the parties. But answering your question as per the fact you have put, you are representing the said Chinese Company in the territory of India and are acting as its selling agent. You will be termed as 'Intermediary' under the IGST Act. The place of supply of Intermediary service is 'place of service provider' under the IGST Act which means the place of supply in your case will be territory of India and thus it will not be termed as Exports, and transaction will attract GST.

Thanks for your reply.


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