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Issue ID : 115685
- 0 -

Import of Service

Date 19 Nov 2019
Replies6 Answers
Views 1039 Views

XYZ(India) exported goods to PQR(Malaysia). Subsequently, the goods required certain repairs for which XYZ appointed ABC(Singapore) to carry out the repairs. ABC carried out the repairs at Malaysia and charged the repairing charges to XYZ. Is XYZ liable to pay GST under reverse charge on amount paid to ABC?

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- 0
Replied on Nov 19, 2019
1.

ABC has provided service to PQR (Malaysia) for and on behalf of XYZ (India) XYZ is, de facto, service receiver. IGST is to be paid under reverse charge mechanism. Covered at serial no.1 of Notification No.10/17-IT (Rate) dated 28.6.17.

- 0
Replied on Nov 19, 2019
2.

Respected Kasturi ji

Appreciate your guidance. However, in my view, it will fall under Section 13(3)(a) of IGST Act i.e. services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services, under which the place of supply shall be the location where the services are actually performed. Since the services are performed outside India, no GST under reverse charge. Views of experts please.

- 0
Replied on Nov 19, 2019
3.

My view is based on the decision of AAR. Anyhow, let us wait for decision of other experts.

- 0
Replied on Nov 19, 2019
4.

XYZ (India) is receiving service from ABC (Singapore) so it is an import of service. GST is payable under reverse charge mechanism.

- 0
Replied on Nov 20, 2019
5.

Dear Sir,

Why to invite SCN ? Pay tax and take ITC.

- 0
Replied on Nov 20, 2019
6.

Sir,

The Section 13 (1) of IGST states that “(1) The provisions of this section shall apply to determine the place of supply of services where the location of the supplier of services or the location of the recipient of services is outside India”.

Therefore, Section 13(3)(a) of IGST Act is applicable to determine the place of supply of service.

Further, I beg to differ and of the view that it is not covered by Notification No.10/17-IT (Rates) and as place of supply of service is outside taxable territory.

Thanks

With due regards

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