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GST - Highlights / Catch Notes

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Place of supply of services. - In order to examine whether ...


Court Questions Need for McDonald's USA's Physical Presence in India Under IGST Act Section 13(3)(b) for Services Received.

May 27, 2023

Case Laws     GST     HC

Place of supply of services. - In order to examine whether Section 13(3)(b) of the IGST Act is applicable, it is necessary to identify the service provider and the service recipient. In the present case, under the Service Agreement, the service recipient is McDonald’s USA and the petitioner is the service provider. The supply of services by the petitioner to McDonald’s USA does not require the physical presence of McDonald’s USA. We are unable to follow as to why the physical presence of the service recipient, that is, McDonald’s USA, in India is necessary for receiving the services rendered by the petitioner or any third-party supplier. - HC

 

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