ArticleShip
393 Points
Joined April 2019
Dear Experts,
E-commerce sale Mr. Raj of Mumbai, Maharashtra orders a mobile from Amazon to be delivered to his mother in Lucknow (UP) as a gift. M/s ABC (online seller registered in Gujarat) processes the order and sends the mobile accordingly and Mr. Raj is billed by Amazon.
What should we charge here CGST/ SGST or IGST ?
Thanks in advance
Chartered accountant
318 Points
Joined July 2015
As per the sec 10(1)(a) place of supply is location where movement of goods terminated ,here movement of goods terminated at UP ,& location of actual seller,ABC ( not e-commerce )is Gujrat ...so it's inter state supply ...igst will be applicable
ArticleShip
393 Points
Joined April 2019
This example was mentioned in clear tax place of Supply provisions but cleartax said taht we should treat as intra sale !
Chartered accountant
318 Points
Joined July 2015
No ,I think place of supply would be where movement of goods will terminates...in problem is UP ,it's immaterial whether actual seller selling the goods directly or e-commerce ,here location of supplier is Gujrat ,so place of supply & location of supplier not in same state,hence it's inter state , e-commerce operator collect tcs ( igst ) & pay to government ,same tcs will credit in electronic cash ledger of actual seller ,rest amount remit to seller
GST Consultant
15986 Points
Joined March 2013
IGST will be charged.......
791 Points
Joined October 2019
IGST will be charged and Agree with subhankar ji
Account Supervisor
129 Points
Joined December 2011
IGST WILL BE CHARGED BUT PLACE OF SUPPLY IN MUMBAI AS BUYER MR RAJ IS IN MUMBAI
Chartered accountant
318 Points
Joined July 2015
@ ajay .....place of supply is UP ,where movement of goods terminated ,as per sec 10(1)(a)
Account Supervisor
129 Points
Joined December 2011
Sir this translation cover 3 parties where principal buyer who is in Mumbai directing Gujrat seller to deliver goods in up. as per section 10 (1) b Principal place is place of supply which is Mumbai.
Chartered accountant
318 Points
Joined July 2015
Ajay sec 10(1)(b) not applicable because relative (mother) is not at all client raj if you apply bill to ship concept then there would be two transactions
1.abc to Raj
2.raj to his mother
section 10(1)(a) ... where supplier supply the goods to the client by giving direction to another supplier to supply the same to his client .... unfortunately there is no supplier recipient relationship between son & mother, mother not at all client of Mr Raj
so sec 10(1)(a) will apply
Account Supervisor
129 Points
Joined December 2011
Sec 10(1)(b) :- Where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business
in that case there is also no relation between mother and seller. Buyer from Mumbai is liable to pay.
Chartered accountant
318 Points
Joined July 2015
@ Ajay ... according to you place of supply is principal place of business of third part means Raj ...but Raj is not doing business ,he is normal salaried person ,don't have place of business .... section 10(1)(a) will apply
Account Supervisor
129 Points
Joined December 2011
No matter sir whether it is registered or unregistered his mother also unregistered in that case
Chartered accountant
318 Points
Joined July 2015
@ Ajay , I think you thinking in wrong way ...here Raj normal salaried person & unregistered ..Raj does not have place of business ...you unnecessary dragging the issue ...if you doing CA ,then read provision twice ,& don't drag the issue ,you told whatever you wanted ..so close it
ArticleShip
393 Points
Joined April 2019
Thanks for the response, what if location of company is Hyderabad, Place supply for 5 employees is Chennai & 3 employees is Hyderabad. Vendor location is Hyderabad and going to bill company. How invoicing to be done here ?