TMI BlogType of GST payableX X X X Extracts X X X X X X X X Extracts X X X X ..... As per the decision of the Mumbai High Court which states in its order on Page 113:- The provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of IGST Act only and the same cannot be made applicable for levy of tax on se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices under the CGST and MGST Acts . As per the provision of IGST Act , the GST payable is to be paid under IGST as per my understanding. Does the order confirm that the GST payable by the intermediary located in India for supplies made to its customer outside India is to be paid under IGST or does it confirm that the GST payable is under CGST+SGST ? Need valuable guidance in the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 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 recipient located located outside India . I hold this view because I feel that despite Section 13 (8) (b) Section 7 (5) of the IGS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T 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 views are this discussion forum. For example: Post ar serial No. 9 under Issue-ID: 116950 bearing subject-lin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 (i.e. conclusion highlighted in your query) says that ' no GST is payable in subject situation, despite holding that Section 13 (8) (b) of the IGST Act, 2017 is legal, valid and constitutional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... '. Needless to say I am well aware that dispute / issues involved are very complex in nature that it 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. - Reply By Shilpi Jain - The Reply = Going by section 13(8) - CGST SGST it would be. However, per the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HC decision - it is held unconstitutional. - Reply By Padmanathan Kollengode - The Reply = I agree with views of expert. No GST is payable in this scenario but the matter will definitely go to Supreme Court. - Reply By Amit Agrawal - The Reply = Three judges of Bombay HC have given three different reasonings thereby, rulings for GST implications against services provided by an intermediary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , located in India to the recipient located located outside India. They have very different interpretations about constitutional validity, Section 7 (5) 13 (8) (b) of the IGST Act, 2017 so on, among them. Only common conclusion - it seems - is that, all 3 of them ruled that, CGST SGST is not payable against such services (although for 3 different reasonings). Interesting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime ahead ---- at Apex Court. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. - Reply By Amit Agrawal - The Reply = Still, it felt nice when 2 of 3 judges 'effectively' ruled that neither CGST SGST nor IGST is payable on services provided by an intermediary, located in India to the recipient located located outside India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( which is my long held consistent view ). These are ex facie views of mine and the same should not be construed as professional advice / suggestion. - Reply By Kaustubh Karandikar - The Reply = Thanks Amit ji, Shilpi ji and Padmanathan ji for your detailed views which has helped me to add to my knowledge. However, the GST authorities might intepret the same strictly as per the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 13(8)(b) and going by that, if the supplier is situated in India, they might raise a demand. - Reply By Amit Agrawal - The Reply = Before raising demand, Dept. officers need to first decide type of GST payable (i.e. CGST SGST or IGST) in their views. Don't they? These are ex facie views of mine and the same should not be construed as professional advice / suggestion. - Reply B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Kaustubh Karandikar - The Reply = Yes Amit ji, fully agree with you going by the ruling. But they might levy CGST + SGST since the place of supply is India. - Reply By Amit Agrawal - The Reply = Such demand, if raised now (i.e. before Apex Court decides the issue favouring Dept's such interpretation ), can be directly challenged in jurisdictional High court, specially when service provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed is located in State of Maharashtra. As explained in my earlier posts, only common conclusion among all three judges of Bombay High Court is that, CGST SGST is not payable against such services (even if for 3 different reasonings). These are ex facie views of mine and the same should not be construed as professional advice / suggestion. - Reply By Amit Agrawal - The Reply = Please r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead, in first Para of my post above, as follows: * .................. specially when such service provider is located in State of Maharashtra - Reply By Kaustubh Karandikar - The Reply = Yes sir, we can certainly take shelter of this ruling and contest. Thanks for your guidance and advice. - Reply By Shilpi Jain - The Reply = Consider paying this tax under protest and then applying for a ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und - Type of GST payable - Query Started By: - Kaustubh Karandikar Dated:- 24-4-2023 Goods and Services Tax - GST - Got 12 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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