TaxTMI 
TaxTMI 
GST Applicable or not & if yes How
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....ST Applicable or not & if yes How<br> Query (Issue) Started By: - Ramesh Sah Dated:- 29-3-2019 Last Reply Date:- 31-3-2019 Goods and Services Tax - GST<br>Got 12 Replies<br>GST<br>We have a proprietorship in name of Nepalekart, We basically sales recharge which is delivered as topup in Nepal but the money is collected from Indian person. As there are many Nepalese working in India but their family....
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.... stays in Nepal so they go to our website & place a order of recharge through www.nepalekart.com. Since the topup is delivered in Nepal's so wanna ask whether we are liable to pay GST or not If yes then under which section & how we are taxable. Money is collected through payumoney ie our payment gateway & the same is sent to Nepal through Bank ie swift is done to vendor in Nepal & the same mo....
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....ney is deposited in our agent login as wallet balance in Nepal & the same wallet balance is used by customer here in India to pay & topup their nepali prepaid postpaid mobile number Reply By SESHU KUMAR: The Reply: Little ambiguity.... Can you call me....9742873779 Reply By KASTURI SETHI: The Reply: Dear Querist, Will you elaborate relationship between you and agent ? Is there any agreement....
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.... executed between you and agent ? Does your agent play the role of 'intermediary' ? Before replying read the meaning and definition of 'intermediary' in GST Reply By Ramesh Sah: The Reply: We have an Agreement with Paypoint Nepal Private limited company of Nepal that they will send them funds in their Bank account for which they issue us credit limit in wallet.. Suppose we sent ....
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....them 1 lacs the same is converted to Nepalese rupee ie 1,60,000 & they give credit for 1.6 lacs & our customer recharges their relatives number from India paying us on website. The ultimate delivery of Recharge is in Nepal's mobile topup but since we are giving service from India & collecting Indian Currency & sending funds through Kotak Bank to Nepal ie Paypoint Nepal Private Limited. What wi....
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....ll be GST impact on us.. We sales NPR 100 Recharge at INR 73 Sales 73/- Cost charge by Nepal's company 62.5/- Payment Gateway Payumoney Indian Company charges( 2%+18% gst of 2%) 1.73 Amount Settled in our Kotak Bank (73-1.73) 71.27/- Out of Which our Cost is 62.5 ie charged by Paypoint Nepal . profit on transaction 8.77 INR Reply By KASTURI SETHI: The Reply: What is the billing addre....
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....ss of the buyer/recipient ? Whether in India or out side India ? Reply By Ramesh Sah: The Reply: We just issue a notification to user by email in which billing address is not mentioned Hi [email protected], Recharge Successfully Done Transaction Type: Payumoney Processing Fees INR 33.156 Indian Number: 9821884963 Service Operator: NCell Number: 9810659516 Payment I....
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....d : 238663097 Transaction Date: 2019-03-30 13:42:28 TransactionAmount(INR): 290 Amount recharged For(in NPR): 400 User pays from India so their address in profile is of India but recharge is delivered to Nepal for which we collect some processing fees as our service charge. Reply By KASTURI SETHI: The Reply: In my view, you are covered under Section 12 (11) (d) of IGST Act, 2017 a....
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....nd GST is applicable. It cannot be treated as export of services as both (supplier) and (Recipient) are located in India. Views of other experts on this forum are also welcome. Reply By Ramesh Sah: The Reply: Ok if GST is applicable then on which amount processing fees collection against service or total amount collected from user. We collect very low amount from which against such services whi....
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....ch is approx to 4-5% & if GST is applicable on total amount then after GST the amount will be very high that no one can buy the recharge from India. As we contacted some of the CA they said that we are selling recharge to Nepal using API from Nepal server only since neither the recharge is imported or exported we are just making a channel ie connection between user to pay such amount from India ....
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....& collection money on Behalf as intermediary against which service charge is collected so we have to pay GST @18% on service charge collected as processing fees Please comment your view as recharge is just done from Nepal's company server to Nepal we just collect money using Indian Payment gateway & charges small amount as processing fees Reply By KASTURI SETHI: The Reply: Dear Querist, You....
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.... have deviated from the original query. With this scenario is changed. Reply By Ramesh Sah: The Reply: Please reply me that on which amount GST is applicable on processing fees or on amount we collect from customer.. Reply By KASTURI SETHI: The Reply: As per SECTION 2 of IGST Act, 2017 (13) "intermediary" means a broker, an agent or any other person, by whatever name called, who arranges or f....
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....acilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account. If you think you fall in the definition of intermediary as per above definition, GST will be paid on the amount of commission i.e. processing charges only. Reply By KASTURI SETHI: The Reply: De....
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....ar Querist, After re-examination of your reply dated 30.3.2019 at serial no.7 above, I am of the view that your activity conform to the definition of 'Intermediary services' as provided under Section 2(13) of IGST Act, 2017. Thus you are covered under Section 13(8)(b) of IGST Act, 2017 and place of supply is in India. Hence it cannot be treated as export of service. You are required to pa....
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....y GST on the amount of processing fee and not on the whole amount. Reply By Ramesh Sah: The Reply: Thanks alot sir 😃 for your valuable reply..<br> Discussion Forum - Knowledge Sharing ....