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TMI BlogClarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipientsX X X X Extracts X X X X X X X X Extracts X X X X ..... nment of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, GST Policy Wing vide Circular No. 242/36/2024-GST dated 31st December, 2024 has issued a clarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients, in order to ensure uniformity in the implementation of the provisions of law across the field formations, which is annexed herewith. In exercise of powers conferred by section 168 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017) for the purpose of uniformity in the implementation of the Act it is instructed to follow the guidelines issued vide Circular No. 242/36/2024-GST dated 31st December, 2024 by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uppliers are required to mention State name of the recipient on the invoice, irrespective of the value of such supply, and declare place of supply of such services as the State of the recipient as per the provisions of clause (i) of section 12(2)(b) of IGST Act but many suppliers are not recording the State name of the unregistered recipient on the invoice and are declaring place of supply of such services as the location of the supplier as per clause (ii) of section 12(2)(b) of IGST Act. This is resulting in wrong declaration of place of supply, resulting in flow of revenue in respect of the said supply to the wrong State. Request has been made to clarify the issue so as to ensure correct declaration of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n defined under section 2(44) of CGST Act, as follows: "electronic commerce" means the supply of goods or services or both, including digital products over digital or electronic network; 3.3 The term 'electronic commerce operator' has been defined under section 2(45) of CGST Act, as follows: "electronic commerce operator" means any person who owns, operates or manages digital or electronic facility, or platform for electronic commerce; 3.4 Sub-section (2) of section 12 of the IGST Act, reads as follows: "(2) the place of supply of services, except the services specified in sub- section (3) to (14),- (a) made to a registered person shall be the location of such person; (b) made to any p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p;deemed to be the address on record of the recipient; ....." 4. Clarification: 4.1 Section 12 of the IGST Act provides that except in cases specified in sub-sections (3) to (14) of the said section, when the services are supplied to a registered person, the place of supply of services shall be the location of the recipient and when the services are supplied to an unregistered person, the place of supply of the said services shall be the location of the recipient, if his address is available on record, and shall be the location of the supplier, if the address is not available on record. 4.2 Section 31(2) of the CGST Act provides that a registered person providing taxable services mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involving supply of online money gaming or supply of taxable services by or through an electronic commerce operator or supply of online information and database access or retrieval (OIDAR) services. Recording of the name of State of the unregistered recipient on the tax invoice in respect of such supply of services shall be deemed as the address on record of the recipient for the purpose of determination of place of supply of the said services under section 12(2)(b) of IGST Act. Accordingly, in such cases, the place of supply of such services shall be considered as the location of the recipient of the services as per provisions of clause (i) of section 12(2)(b) of IGST Act. 4.5 It is also observed that a combi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he recipient (based on the name of State of the recipient) in their details of outward supplies in FORM GSTR-1/1A. 4.5.2 For the purpose of recording the name of the State of the recipient on tax invoice in respect of such supplies made to unregistered persons for such online services, supplier should devise suitable mechanism to ensure collection of such details from unregistered recipient before making any supplies to him. As mentioned above, in such cases, the name of the State of the recipient so recorded shall be deemed to be the address of recipient available on record and thus, for determining place of supply of the said services, provisions of section 12(2)(b)(i) of IGST Act will be applicable as per which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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