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Issue ID: 117623
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Place of supply in case of builder

Date 08 Nov 2021
Replies 10 Replies
Views 2699 Views
Place of supply governs whether construction services attract inter state tax and require local registration, affecting ITC availability.
Place of supply for construction services performed on land in a State determines whether supplies are treated as inter-state and whether the supplier must register in that State; a construction site ordinarily constitutes a fixed establishment, and under the place-of-supply rules (notably Section 12(3) of the IGST Act) services consumed at the immovable property's location may prevent ITC being claimed under a registration in another State, exposing the builder to denial of credit and departmental challenge. (AI Summary)

sir/ madam,

A builder is registered in Haryana and Providing construction service in Delhi. As per GSTR-3B returns of Haryana, he is charging IGST, is it correct in the purview of place of supply ? Should he taken Registration in Delhi for the construction in Delhi ?

If its a wrong practice, then what will be the effect on ITC which availed against the invoices used in Delhi ? What will be effect of tax paid by him in the head of IGST ?

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