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Commission recd. by air travel agent from international hotel

shabnoor kazi

I have a query regarding gst on commission recd by travel agent from international hotel not because of travel agent book hotel on behalf of customers but because of just hotel ask agent to suggest name of hotel to passenger and if customer book hotel on their own, travel agent receive commission. Here neither travel agent book hotel nor receive payment from customer and also not issue invoice to customer. here hotel received payment from customer and hotel raised invoice directly to the customer. travel agent just invoice for commission to hotel.

QUERY: What would be the implication under GST on receipt of commission.

GST Not Applicable on Commissions for Travel Agents' Intermediary Services Outside India under Section 13(8)(b) IGST Act A query was raised about the Goods and Services Tax (GST) implications on commissions received by a travel agent from an international hotel. The agent suggests hotels to passengers, and if a customer independently books a hotel, the agent receives a commission. The agent neither books the hotel nor interacts directly with the customer financially. Responses indicated that GST applies if the commission exceeds the threshold limit, and the service is classified as 'Intermediary Services' under Section 13(8)(b) of the IGST Act, 2017. Since the service location is outside India, it falls outside the GST ambit. (AI Summary)
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DR.MARIAPPAN GOVINDARAJAN on Oct 20, 2018

In my view GST is applicable if the total commission exceeds the threshold limit.

KASTURI SETHI on Oct 20, 2018

The activity mentioned by the querist conforms to the definition of "Intermediary Services" Section 13 (8)(b) of IGST ACT, 2017 is applicable.

VAMSI KRISHNA on Oct 22, 2018

Dear Querist,

As per my knowledge,

1) Catagery of Serive provided by Supplier - Intermediary service
2) Location of supplier - Outside india
3) Place of supply - Location of supplier i.e outside india (as per 13(8)(b) of IGST act)
4) is it interstate supply as per section 7 of IGST act ??? No

Hence the service provided by supplier is outside of ambit of GST.

Thanks

Dear experts, kindly let me know if my understanding of law is wrong, if any.

KASTURI SETHI on Oct 22, 2018

Sh.Vamsi Krishna Ji, I agree with you in toto.

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