Partner - Audit & Assistance
4825 Points
Joined December 2018
Dear Nadeem,
I agree with Mr. Pankaj.
Prior to the amendment act, in the recommendations, such services wherein the destination of goods was outside India - was supposed to be considered as export of services. Although, based on the amendment made, and due to restrictions in the export of service definition the liability was cast on the supplier as IGST other territory.
The possibility of rebuttal against ITC claim is that - ITC is available in the course or furtherance of business. Business is understood to be undertaken in such state. Therefore, ITC should be eligible wherein POS is such state and not other territory.
Hopefully, this anamoly in the law is rectified soon.