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
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Place of supply determined as foreign destination makes transportation services inter-state and IGST credit claimable subject to input credit conditions. When both supplier and recipient are in India but goods are transported to a place outside India, the place of supply is the foreign destination; the supply is an inter-State supply attracting integrated tax, and the recipient in India may claim input tax credit of that integrated tax subject to the statutory eligibility and apportionment/blocked-credit conditions. The supplier must report the place of supply as foreign in the outward supplies return.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Place of supply determined as foreign destination makes transportation services inter-state and IGST credit claimable subject to input credit conditions.
When both supplier and recipient are in India but goods are transported to a place outside India, the place of supply is the foreign destination; the supply is an inter-State supply attracting integrated tax, and the recipient in India may claim input tax credit of that integrated tax subject to the statutory eligibility and apportionment/blocked-credit conditions. The supplier must report the place of supply as foreign in the outward supplies return.
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