Clarification on entitlement of ITC where place of supply is determined in terms of proviso to Sec 12(8) of IGST Act



Quick Summary
The CBIC has issued a clarification regarding the entitlement of input tax credit (ITC) for services where the place of supply is determined by the proviso to Section 12(8) of the IGST Act. This applies to the transportation of goods, including via mail or courier, to a destination outside India, even if both the supplier and recipient are located in India. Such supplies are considered inter-state, attracting IGST. Crucially, recipients in India are eligible to claim ITC on this IGST, provided they meet other conditions under the CGST Act.

The CBIC videCircular No. 184/16/2022-GST dated December 27, 2022has issued a clarification on the entitlement of input tax credit where the place of supply is determined in terms of the proviso to sub-section (8) of section 12 of the Integrated Goods and Services Tax Act, 2017 (the IGST Act). Attention is invited to sub-section (8) of section 12 of Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as IGST Act) which provides for the place of supply of services by way of tr
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FAQ :

The CBIC has clarified that if goods are transported to a place outside India, even if the supplier and recipient are in India, the place of supply is the foreign destination. Recipients in India can claim ITC on the IGST charged for these services, subject to other GST conditions.

The proviso applies when the transportation of goods, including by mail or courier, is to a place outside India. In such cases, the place of supply is considered the destination of the goods.

It is considered an inter-state supply because the supplier is located in India and the place of supply is outside India. Integrated tax (IGST) is chargeable on such services.

Yes, the recipient of such transportation services is eligible to avail input tax credit for the IGST charged, provided they meet the conditions outlined in sections 16 and 17 of the CGST Act.

Suppliers should report the place of supply as '96 - Foreign Country' using the dropdown menu available on the GST portal when filing FORM GSTR-1.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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