Place of supply and type of GST payable

Kaustubh Ram Karandikar (Corporate Consultant- Central Excise & Service Tax)   (510 Points)

29 November 2021  

XYZ(India) imported goods from PQR(UK). These goods were found defective and XYZ did the repairs in India and recovered the repairing cost from the foreign supplier viz. PQR(UK). In my view, this will fall under Section 13(3) of IGST Act, and as per that since the services are performed in India, XYZ is required to pay GST i.e., CGST + SGST since place of supply is India. However, while filing returns / paying tax, by default it is taking IGST and not allowing to pick up CGST + SGST. Views of the experts please.