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 rules: foreign destination fixes tax point, IGST applies and recipient may claim input tax credit subject to conditions. Where supplier and recipient are in India but goods are transported to a place outside India, the proviso to sub section (8) of section 12 of the IGST Act makes the foreign destination the place of supply; such services are treated as inter State supplies attracting IGST, and the Indian recipient may claim input tax credit of IGST subject to the conditions and restrictions on input credit and apportionment under the DGST provisions. Suppliers must report the place of supply as '96 Foreign Country' in Form GSTR 1.
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 rules: foreign destination fixes tax point, IGST applies and recipient may claim input tax credit subject to conditions.
Where supplier and recipient are in India but goods are transported to a place outside India, the proviso to sub section (8) of section 12 of the IGST Act makes the foreign destination the place of supply; such services are treated as inter State supplies attracting IGST, and the Indian recipient may claim input tax credit of IGST subject to the conditions and restrictions on input credit and apportionment under the DGST provisions. Suppliers must report the place of supply as '96 Foreign Country' in Form GSTR 1.
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