ashish
(ca)
(82 Points)
Replied 23 April 2023
If the goods are supplied to the master of a ship for consumption on the ship, and the ship is in the territorial waters of India at the time of supply, then the supply of goods will be considered as a supply within the country and GST will be applicable on it.
As per the GST law, the place of supply for goods supplied to a vessel, aircraft or a vehicle, is determined based on the location of the recipient of the supply at the time when the goods are delivered to the recipient. In this case, since the recipient is the master of the ship and the ship is in the territorial waters of India at the time of supply, the place of supply will be considered as India.Therefore, GST will be applicable on the supply of goods made to the master of the ship in India, even if the recipient of the supply does not have a GST registration number in India. The supplier will need to charge and collect the applicable GST on the value of the supply and deposit it with the government.
As for reporting the supply in GSTR-1, since the recipient does not have a GST registration number in India, the supplier will need to report the supply in GSTR-3B under the 'Inter-State supplies made to unregistered persons' section, and pay the applicable GST. It is recommended to consult a tax expert or chartered accountant to ensure compliance with the GST laws.
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