Practicing CA
1180 Points
Joined May 2017
In terms of S. 13(12) read with S.2(17) of the IGST Act, this service shall be online information and database access or retrieval services and the place of supply shall be the location of the service recipient
In this case the Service Recipient is Google which is located outside India
Further in terms of S.2(6) of the IGST Act, to qualify as zero-rated supply/ export of service few other conditions shall be complied which shall be as below: a) The supplier of service is located in India
a. The supplier of service is located in India
b. The recipient of service is located outside India
c. The place of supply is located outside India
d. The payment for such service has been received in convertible foreign exchange
e. The supplier and recipient are not merely establishments of a distinct person
The supplier of service shall be the channel owners in India, the recipient shall be Google which is outside India, place of supply as determined above shall be outside India, and payment also is received in Foreign Exchange and they are not establishments of distinct persons. With the above, it shall qualify for export of services and It is taxable at Zero rated.