TMI BlogGST if Mony received in Convertible CurrencyX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Expert Our Client is dealing in Computer Hardware software( Registered in Maharashtra), He Received order from Foreign Customer for Server, And as per Customer instruction Server has to installed in Maharashtra Gujarat( at customer Offices) but payment we will received in Convertible Currency........ In this case what will be GST Taxation- If server installed in Mah and if installed in G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ujarat---- Please guide - Reply By Sadanand Bulbule - The Reply = Dear Sir In terms of Section 2[5] of the IGST Act , in such transaction, there is no taking goods out of India to a place outside India. Payment in convertible foreign exchange does not alter the true nature of transaction. So decide the place of supply of goods, either intra-state or inter-state and then apply the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrect rate of tax. - Reply By KALLESHAMURTHY MURTHY - The Reply = Under GST, the place of supply shall be the location of the recipient. Section 13(2) of the IGST Act establishes that the place of supply of services, except those mentioned in sub-sections (3) to (13) , is the location of the recipient. As per Sec. 13 (6) of the IGST Act , where any services referred to in sub-secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (3) or sub-section (4) or sub-section (5) is supplied at more than one location, including a location in the taxable territory, its place of supply shall be the location in the taxable territory. IGST is payable where LUT is not operative. - Reply By Shilpi Jain - The Reply = The transaction is of supply of a server. Is it hardware or software? That is, is it supply of goods or serivces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? - Reply By Shilpi Jain - The Reply = In case it is supply of goods then it will not be an export transaction since goods have not gone outside India. In that case the place of supply will be as per section 12 of IGST Act . Place of delivery to customer i.e. MH or GJ as the case may be. GST will have to be charged. - Reply By KASTURI SETHI - The Reply = The foundation for providing s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice outside the country is hardware. It is not export of goods. Only receipt of foreign exchange will not qualify for export of goods. Other conditions have to be compiled with. - Reply By KASTURI SETHI - The Reply = Pl.read, 'complied with' instead of 'compiled with'. - GST if Mony received in Convertible Currency - Query Started By: - NILESH PITALE Dated:- 16-2-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24 Last Replied Date:- 17-2-2024 Goods and Services Tax - GST - Got 6 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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