TaxTMI 
TaxTMI 
TaxTMI 
Applicability of GST on Commission
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....pplicability of GST on Commission<br> Query (Issue) Started By: - SUDHIRKUMAR SHAH Dated:- 26-3-2024 Last Reply Date:- 29-3-2024 Goods and Services Tax - GST<br>Got 2 Replies<br>GST<br>An company maintaining a web site (Network marketing services) in UK and USA name called deal deedy.uk.com., We are getting a various product ( furniture, cloth ) deals form network ( Awin , Brand Review a foreign c....
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....ompanies) and paste on our website and any person purchasing the product form our web site than we getting commission form Awin , Brand Review in Foreign Currency . The Awin and Brand review and foreign company are not related to the a indian company which is maintaining web site in UK and USA. Whether GST is applicable when amount is received in india by an indian company in convertible forei....
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....gn exchange. Kindly explain with relevant provisions. Reply By KASTURI SETHI: The Reply: Go through C.B.E. & C. Flyer No. 43, dated 1-1-2018. Reply By Amit Agrawal: The Reply: As readers at TMI are well aware, through my article published & views shared under discussion forum, it is my constant view that no GST is payable by services provided by an intermediary, located in India to the recipi....
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....ent located located outside India. I held this view because I feel that despite Section 13 (8) (b) & Section 7 (5) of the IGST Act, 2017, above-said services do not fall either under inter-state supply or intra-state supply. One may refer to my article published on TMI on following link: https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=8346 And my views shared multiple v....
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....iews are this discussion forum. For example: Post ar serial No. 9 under Issue-ID: 116950 bearing subject-line as follows: GST on intermediary service And my reading & interpretation of judgement given by third member G. S. KULKARNI, J., as reported in 2023 (4) TMI 821 - BOMBAY HIGH COURT says that 'no GST is payable in subject situation, despite holding that Section 13 (8) (b) of the IGST Act....
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...., 2017 is legal, valid and constitutional'. But, one must also note that three judges of Bombay HC have given three different reasonings & thereby, different rulings about GST implications against services provided by an intermediary, located in India to the recipient located located outside India. They have very different interpretations about constitutional validity, Section 7 (5) & 13 (8) ....
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....(b) of the IGST Act, 2017 & so on, among them. Hence, it is needless to say & I am well aware that dispute / issues involved are very complex in nature and same will be ultimately settled only by Supreme Court .... sooner or later. These are ex facie views of mine and the same should not be construed as professional advice / suggestion.<br> Discussion Forum - Knowledge Sharing ....