Import of Service

[Kaustubh Karandikar]

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?

[KASTURI SETHI]

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.

[Kaustubh Karandikar]

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.

[KASTURI SETHI]

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

[Ganeshan Kalyani]

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

[KASTURI SETHI]

Dear Sir,

Why to invite SCN ? Pay tax and take ITC.

[Alkesh Jani]

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

AI Summary

GST Reverse Charge Debate: Does Section 13(3)(a) of IGST Act Exempt XYZ from Paying for ABC's Services Abroad? XYZ, an Indian company, exported goods to PQR in Malaysia and later appointed ABC in Singapore for repair services in Malaysia. The discussion revolves around whether XYZ must pay GST under the reverse charge mechanism for the services provided by ABC. Some participants argue that GST is applicable under reverse charge as per Notification No.10/17-IT (Rate), while others believe that since the services are performed outside India, Section 13(3)(a) of the IGST Act exempts XYZ from paying GST. The debate highlights differing interpretations of GST applicability on cross-border services.