Services received from overseas commission agent is not chargeable to GST under RCM as place of supply is outside India

Last updated: 12 August 2021

Court :
Uttarakhand Authority for Advance Rulings

Brief :
The Hon'ble Uttarakhand Authority for Advance Rulings ('UAAR'), in the matter of M/s. Midas Foods (P.) Ltd. [Application No. 05 of 2020-21 dated October 15, 2020], held that Overseas Commission Agent is covered within the definition of the term 'intermediary’ under Section 2(13) of the Integrated Goods and Services Tax Act, 2017 ('the IGST Act'). Service received by the assessee from Overseas Commission Agent do not fall within the meaning of term 'import of services’ under Section 2(11) of the IGST Act as place of supply is outside India, hence the assessee is not required to pay GST on Reverse Charge Mechanism ('RCM') basis under Section 5(3) of the IGST Act on commission paid to Overseas Commission Agent. ('OCA')

Citation :
Application No. 05 of 2020-21 dated October 15, 2020