TMI BlogClarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.X X X X Extracts X X X X X X X X Extracts X X X X ..... seeking clarification on the taxability of activities performed by an office of an organisation in one State to the office of that organisation in another State, which are regarded as distinct persons under section 25 of Assam Goods and Services Tax Act, 2017 (hereinafter referred to as 'the Assam GST Act'). The issues raised in the said representations have been examined and to ensure uniformity in the implementation of the law across the field formations, the Principal Commissioner of State Tax, Assam, in exercise of its powers conferred under section 168 of the Assam GST Act hereby clarifies the issue in succeeding paras. 2. Let us consider a business entity which has Head Office (HO) located in State-I and a branch offices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng ISD mechanism laid down in Section 20 of ASSAM GST Act read with rule 39 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the ASSAM GST Rules ). However, as per the present provisions of the ASSAM GST Act and ASSAM GST Rules, it is not mandatory for the HO to distribute such input tax credit by ISD mechanism. HO can also issue tax invoices under section 31 of ASSAM GST Act to the concerned BOs in respect of common input services procured from a third party by HO but attributable to the said BOs and the BOs can then avail ITC on the same subject to the provisions of section 16 and 17 of ASSAM GST Act. In case, the HO distributes or wishes to distribute ITC to BOs in respect of such common input servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing salary cost of HO employees involved in providing the said services has to be included in the computation of value of services provided by HO to BOs when full input tax credit is available to the concerned BOs. The value of supply of services made by a registered person to a distinct person needs to be determined as per rule 28 of ASSAM GST Rules, read with sub-section (4) of section 15 of ASSAM GST Act. As per clause (a) of rule 28, the value of supply of goods or services or both between distinct persons shall be the open market value of such supply. The second proviso to rule 28 of ASSAM GST Rules provides that where the recipient is eligible for full input tax credit, the value declared in the invoice shall be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices provided by HO to BOs. In respect of internally generated services provided by the HO to BOs, the cost of salary of employees of the HO, involved in providing the said services to the BOs, is not mandatorily required to be included while computing the taxable value of the supply of such services, even in cases where full input tax credit is not available to the concerned BO. 2. This Circular is clarificatory in nature and not meant for any interpretation of provisions of the Act and rules. 3. Difficulties, if any, in implementation of the above instructions may be brought to the notice of the Commissioner at an early date. 4. This Circular shall be deemed to have been issued on 17th July, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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