RECENT AMENDMENTS IN ‘INTEGRATED GOODS AND SERVICES TAX RULES, 2017

[Mr. M. GOVINDARAJAN]

Introduction

The ‘Integrated Goods and Services Tax Rules, 2017’ (‘Rules’ for short) was made by the Central Government and notified vide Notification No. 04/2017-Integrated Tax, dated 28.06.2017.  The said Rules have been further amended vide Notification No. 12/2017-Integrated Tax, dated 15.11.2017 with effect from 15.11.2017.

Now the Central Government amended the said Rules in accordance with the decisions taken in the recent GST Council.  The said amendment has been notified vide Notification No. 04/2018-Integrated tax, dated 31.12.2018.    The said Rules came into effect from 01.01.2019.

The amendment inserted new rules from 4 to 9 after Rule No. 3.  The said Rules deal with the following-

• Supply of services in relation to immovable property – Section 12(3) of IGST Act – New Rule No.4;
• Place of supply of services provided by way of event – Section 12(7) of IGST Act – New rule No. 5;
• Place of supply of services in relation to telecommunication services – Section 12(11) of IGST Act – New Rule No. 6;
• Supply  of services attributable to different States or Union territories – Section 13(7) of  IGST Act – New Rule No. 7;
• The proportion of value of services attributable to different States or Union territories in relation to immovable properties – Section 13(7) of the Act – New Rule No. 8;
• The proportion of value of services attributable to different States or Union territories in relation events – Section 13(7) of the Act – New Rule No. 9.

Supply of services in relation to immovable property (Rule 4)

The supply of services attributable to different States or Union territories in the case of-

(a) services directly in relation to immovable property, including services provided by-

• architects,
• interior decorators,
• surveyors,
• engineers, and
• other related experts or estate agents,

any service provided by way of-

• grant of rights to use immovable property; or
• for carrying out or co-ordination of construction work; or

(b) lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a houseboat or any other vessel ; or

(c) accommodation in any immovable property for organizing any marriage or reception or matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or

(d) any services ancillary to the services referred to in clauses (a), (b) and (c)

where such immovable property or boat or vessel is located in more than one State or Union territory, shall be taken as being in each of the respective States or Union territories. 

 In the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory, shall be determined in the following manner-

• in case of services provided by way of lodging accommodation by a hotel, inn, guest house, club or campsite, by whatever name called (except cases where such property is a single property located in two or more contiguous States or Union territories or both) and services ancillary to such services, the supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the number of nights stayed in such property;
• in case of all other services in relation to immovable property including services by way of accommodation in any immovable property for organizing any marriage or reception etc., and in cases of supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called where such property is a single property located in two or more contiguous States or Union territories or both, and services ancillary to such services, the supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the area of the immovable property lying in each State or Union territory;
•  in case of services provided by way of lodging accommodation by a house boat or any other vessel and services ancillary to such services, the supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the time spent by the boat or vessel in each such State or Union territory, which shall be determined on the basis of a declaration made to the effect by the service provider.

Place of supply of services provided by way of event (Rule 5)

The supply of services attributable to different States or Union territories in the case of-

•  services provided by way of organization of a cultural, artistic, sporting, scientific, educational or entertainment event , including supply of services in relation to a conference, fair exhibition, celebration or similar events; or
• services ancillary to the organization of any such events or assigning of sponsorship to such events,

where the services are supplied to a person other than a registered person, the event is held in India in more than one State or Union territory and a consolidated amount is charged for supply of such services, shall be taken as being in each of the respective States or Union territories.

 In the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory, shall be determined by application of the generally accepted accounting principles.

Place of supply of services in relation to telecommunication services (leased circuit) (Rule 6)

The supply of services attributable to different States or Union territories  in the case of supply of services relating to a leased circuit where the leased circuit is installed in more than one State or Union territory and a consolidated amount is charged for supply of such services, shall be taken as being in each of the respective States or Union territories, and in the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory, as the case maybe, shall be determined in the following manner-

• The number of points in a circuit shall be determined in the following manner-

•  in the case of a circuit between two points or places, the starting point or place of the circuit and the end point or place of the circuit will invariably constitute two points;
•  any intermediate point or place in the circuit will also constitute a point provided that the benefit of the leased circuit is also available at that intermediate point;

• The supply of services shall be treated as made in each of the respective States or Union territories, in proportion to the number of points lying in the State or Union territory.

Supply of services attributable to different States or Union territories (Rule 7)

• The supply of services attributable to different States or Union territoriesin the case of services supplied in respect of goods which are required to be made-

• physically available by the recipient of services to the supplier of services, or
• a person acting on behalf of the supplier of services, or
• in the case of services supplied to an individual,

represented either as the recipient of services or a person acting on behalf of the recipient, which require the physical presence of the recipient or the person acting on his behalf, where-

• the location of the supplier of services; or
• the location of the recipient of services

is outside India, and

where such services are supplied in more than one State or Union territory, shall be taken as being in each of the respective States or Union territories, and the proportion of value attributable to each such State and Union territory in the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory,  shall be determined in the following manner-

• in the case of services supplied on the same goods, by equally dividing the value of the service in each of the States and Union territories where the service is performed;
• in the case of services supplied on different goods, by taking the ratio of the invoice value of goods in each of the States and Union territories, on which service is performed, as the ratio of the value of the service performed in each State or Union territory;
• in the case of services supplied to individuals, by applying the generally accepted accounting principles.

The proportion of value of services attributable to different States or Union territories in relation to immovable properties (Rule 8)

• The proportion of value attributable to different States or Union territories, in the case of-

• supply of services directly in relation to an immovable property, including services supplied in this regard by experts and estate agents,
• supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use immovable property,
• services for carrying out or co-ordination of construction work, including that of architects or interior decorators,

where the location of the supplier of services or the location of the recipient of services is outside India, and where such services are supplied in more than one State or Union territory, in the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory, as the case maybe, shall be determined by applying the provisions of rule 4, mutatis mutandis.

The proportion of value of services attributable to different States or Union territories in relation events (Rule 9)

The proportion of value attributable to different States or Union territories, in the case of-

• supply of services by way of admission to, or
• organization of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and
• of services ancillary to such admission or organization,

where the location of the supplier of services or the location of the recipient of services is outside India, and where such services are provided in more than one State or Union territory, in the absence of any contract or agreement between the supplier of service and recipient of services for separately collecting or determining the value of the services in each such State or Union territory, as the case maybe, shall be determined by applying the provisions of rule 5, mutatis mutandis.