POS in case of fixed line broadband service provider

[Bhavesh Patel]

Dear Sir,

A Limited company, situated & registered in Kerala provides fixed-line broadband service in Kerala State.

Now if supplier A Limited provided a service to B Limited situated in Kerala under the instruction of C Limited company situated & registered in Maharashtra. What should we charge in the Invoice whether IGST or CGST&SGST?

[CASUNIL BHANSALI]

Hey Bhavesh

As per Section 8(2) of IGST Act 2017 in case of supply of services where the location of the supplier and the place of supply of services are in the same State or same Union territory shall be treated as intra-State supply.

Further, for determining the Place of Supply in case of Fixed - Line Broadband Services the place of supply is determined as per section 12(11) of IGST Act 2017.

Extract of the section is as below-

The place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall,-

(a) in case of services by way of fixed telecommunication line, leased circuits, internet leased circuit, cable or dish antenna, be the location where the telecommunication line, leased circuit or cable connection or dish antenna is installed for receipt of services;

Therefore, in the current scenario the supply is Intra State Supply. Hence, CGST and SGST should be charged as State of Supplier and Place of Supplier is in the same State.

[Bhavesh Patel]

Thank You CA Sunil Sir, for your valuable reply.

But, sir Section 16(2)(b) is confusing me, a deeming provision is present as an Explanation to section 16(2)(b) vide which the registered person is deemed to have received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of the said registered person. It is now amended to provide this deeming fiction in the case of services as well.

With this reference can we charge IGST to C Limited?

[KASTURI SETHI]

Dear Querist,

(i) Who is providing service to whom ? That is crucial here. De facto, B is service receiver. The role of C is of intermediary nature.

(ii) Hence CGST and SGST applicable.

(iii) Sub-section 16(2) (b) is not hindrance here.

(iv) Naturally B will take ITC on receipt of service. Thus the condition of sub-section (b) will be fulfilled/qualified.

[Shilpi Jain]

A will bill C with CGST and SGST of Kerala.

C is deemed to have received service though, since he is in Kerala , taking credit of an invoice with PoS of a different State will become an issue. ITC may not be available.

Could consider billing to B only and C can claim his margin as commission from A. Though this will expose C's margins.

AI Summary

Kerala broadband company to charge CGST & SGST for services to B Ltd, as per IGST Act 2017 Sections 8(2) & 12(11). A limited company in Kerala provides fixed-line broadband services within the state. The query involves whether to charge IGST or CGST & SGST when services are provided to B Limited in Kerala under instructions from C Limited in Maharashtra. According to Section 8(2) and Section 12(11) of the IGST Act 2017, the supply is intra-state, so CGST and SGST should be charged. Despite concerns about Section 16(2)(b), it is clarified that B is the service receiver, and C acts as an intermediary. Billing should reflect the intra-state nature, with potential ITC implications for C.