Place of Supply Rules

Dear All,

Suppose We purchase goods Directly From the Supplier ( Hand Delivery) , can we put request to Supplier to raise the Invoice on our Different GST Number ( Branch Located in Gujarat) . Recently One Supplier refused to raise the Invoice citing reason that we sold goods in Maharashtra , So he will not able to charge IGST  since the Place of Supply is in Maharashtra.

Kindly throw some lights on Place of Supply Rules.

Replies (5)
Quick Summary
This discussion clarifies the Place of Supply (POS) rules under GST, particularly when goods are physically received in one state (Maharashtra) but the invoice is requested for a different state's GST number (Gujarat). The consensus is that if the 'Bill To' address is in Gujarat, then Gujarat is the Place of Supply, and IGST should be charged by the supplier. The supplier's refusal to charge IGST and instead charging CGST/SGST based on the delivery location in Maharashtra was incorrect according to Section 10(1)(b) of the IGST Act, which supports the 'Bill To Ship To' concept for determining POS.

Where is the supplier located...?

What is Your registration in that Supplier's state...?

Supplier is located in Maharashtra. We also have Registration in Maharashtra as well as in Gujarat. We collected goods in Maharashtra but asked supplier to raise invoice in the name of Gujarat Entity and charged IGST  but they refused to do since we have received goods in Maharashtra and they charged CGST / SGST instead of IGST

Yes As per Section 10 of IGST the supplier can raise invoice on the model bill to ship to

Bill to : Gujrat address
Ship to : Maharashtra address

@ Pankaj Sir,

does it means Supplier can Charge IGST and shown place of Supply is maharashtra ( Bill to Ship to Concept) but here the supplier Charged SGST and CGST   then How Gujarat entity take credit of  SGST  and CGST.

Yes offcourse Supplier is Liable charge IGST in this case..

Once the Address under' Bill to " is provided for Gujrat the POS is Gujrat & IGST is applicable.
It's like Gujarat dealer has directed to supplier to Deliver the goods to Mumbai but Bill to me in Gujarat.

Kindly refer Section 10(1)(b) of IGST.

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