Place of Supply

XYZ is registered with GST in Maharashtra. XYZ is supplying the goods to PQR who is the buyer of the goods. PQR is registered with GST in Maharashtra. XYZ issuing invoice to PQR on ex – works basis and handing over the goods at factory gate in Maharashtra. In the invoice, XYZ is mentioning PQR as buyer but consignee is not mentioned even though XYZ is aware that PQR will be in turn supplying the goods to a customer outside Maharashtra. As per the recent ruling of the ‘Authority of Advance Ruling, Telangana’ in the case of ‘Penna Cement Industries’, manufacturer of cement, makes inter-State sales of cement on ex- factory/work basis. The question before the AAR was, when they make ex-factory sales from their plant, delivery terminates at their factory gate itself and therefore, CGST and SGST should be charged on such type of supplies. As per AAR Ruling, IGST is chargeable on ex-factory inter-State supplies. However, in my view, in the case of Penna Cement, the customer was located in different state which had lifted the delivery on ex – factory basis from another state and therefore IGST is chargeable. However, in my example given above, XYZ and PQR both are in same state i.e. Maharashtra and therefore even though PQR is taking the delivery ex – factory and even though PQR is ultimately selling the goods to a customer in different state, since XYZ and PQR both are in Maharashtra, XYZ need to charge CGST + SGST. Guidance of the experts please on my views.

Replies (3)
Quick Summary
This discussion clarifies the Place of Supply rules for GST on ex-works sales. When both the supplier and buyer are in the same state (e.g., Maharashtra), even if the buyer intends to resell goods to a customer in another state, CGST and SGST are applicable. This is because the supply is considered to end with the buyer within the same state. IGST is only applicable when the buyer is located in a different state, even if they collect goods ex-factory.

Here in your example the sale gets end with PQR so it is intra state.
As per your explanation the sale gets end user PQR hence it is within the same state
Dear Kaustubh
you are absolutely correct.
As per Invoice ruling u/s 46 of CGST Act the Supplier is liable put the State of Recepeint on the bill (POS) , So in your case the POS will be Maharashtra , so CGST/SGST will be applicable.
And the AAR you are mentioned , the Recepeint is from other state but picks the goods from Supplier"s factory , so even though he picks the goods from Supplier place ,but as on bill the State will be provided of Recepeint , hence the IGST is applicable.

Note : Can refer Section 10(1)(a) of IGST Act

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