PURCHASE OF GOODS IN ONE STATE MENTIONING GST OF OTHER STATE

[RAKESH SHARMA]

SIR

IF A TAXPAYER HAS ONE GST NO AT CHANDIGARH BEING HO AND ONE FOR ITS MANUFACTURING UNIT AT OTHER STATE.

IF COMPUTERS OF HIGH VALUE ARE PURCHASED IN CHANDIGARH MENTIONING GST NO OF ITS UNIT SO THAT THE COMPUTERS SO PURCHASED ARE SENT TO THE UNIT BY THE COMPANY LATER WHEN THEIR OWN VEHICLE GOES TO THE UNIT. HERE IGST HAS BEEN CHARGED ON THE INVOICE.

IS THERE ANY ISSUE IN SUCH TRANSACTION FROM CLAIMING ITC

PLEASE ADVISE

[Rajagopalan Ranganathan]

sir,IGST

At the time of purchasing og the computers you would have paid CGST + SGST) or IGST. the tax paid by you can be taken as ITC at HO at chandigarh. When you send the computer to the manufacturing unit in other state you have to pay IGST which can be availed as credit at the manufacturing unit. If your Chandigarh office is only HO, then you have to register yourself as input service distributor and then issue a taxable invoice.

If you have a manufacturin unit at Chandigarh then you can send the compiuter under the cover of normal invoice to your manufacturing unit in the other state.

[Ganeshan Kalyani]

If the vendor has raised an invoice on your HO but supplies will be done at your units, then in such case your vendor will have to invoice your with CGST+SGST as Bill To and Ship To will be your units. Secondly, you will have to raise another invoice from your HO to your respective units by charging IGST.

Better option is that your vendor should raise invoice on your respective units and send material. If you want to keep track of the invoices and its payment, you can keep a copy of those invoice at your HO and do accounting and make payments.

[Venkataprasad Pasupuleti]

I endorse the views expressed by Mr. Ganesh Kalyani ji.

[CA Seshukumar]

Dear Rakesh

Based on your statement it is understood that your vendor supplied computers with GST number of your unit which is outside CH and delivered to HO at CH.

In this it will be deemed that the PoS will be such other state where your unit is there based sec.10(1)(b).

And vendor has rightly charged IGST which your unit only can take credit.

Now , there will be. Transaction from unit to CH HO as both are distinct persons. Your Unit has to issue an IGST invoice to your HO and HO can take credit.

When HO sends back these goods to unit then again HO can charge IGST and unit can take credit.

AI Summary

Interstate supply under GST: IGST applies when place of supply is unit's State, enabling recipient's input tax credit.
Where a supplier delivers goods to the head office but invoices using the manufacturing unit's registration in another State, the place of supply is the unit's State and the supply is an interstate supply subject to IGST, which the manufacturing unit may claim as input tax credit. If the vendor invoices the head office instead, practical approaches are: vendor should invoice respective units; the head office may register as an Input Service Distributor to allocate credit; or inter unit taxable invoices charging IGST must be issued when goods move between HO and unit, since inter unit movement is treated as supply between distinct persons.