POS Lies on supplier state

4070 views 4 replies
In order to avail credit of input services, does POS need to be in recipient state only?

ex: A from telangana has received some repair services in Delhi, now, POS will be Delhi and cgst & sgst are charged in invoice. Now my GSTR2B is showing non availability of Input with reason, POS lies in the supplier state.

please clarify me on the input availability in this case.
Replies (4)

Determining The Place Of Supply Of Services

GST is destination-based tax i.e consumption tax, which means tax will be levied where goods and services are consumed and will accrue to that state. Under GST, there are three levels of Tax, IGST, CGST & SGST and based on the ‘’place of supply’’ so determined and the location of the supplier, the respective tax will be levied.

IGST is levied where the transaction is inter-state, and CGST & SGST are levied where the transaction is intra-state. For understanding the place of supply for services, the following two concepts are very important namely:

  • Location of the recipient of services
  • Location of the supplier of services
Here only the concept is, if any services received in relation to the immovable property, the place of supply shall be the location of immovable property.
And secondly, place of supply depend upon the place of consumption, means where ever the goods or services or both are consumed shall be the place of supply.

Yes ITC will only be available if the POS is in the state where the recipient is registered.

If POS is in Maharastra and if receipient state is Tamil Nadu, ITC is ineligible as the POS rules restrict the same


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register