ISSUES WITH BILL TO AND SHIP TO UNDER GST By- CA ANKUR KAPIL

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Presentation transcript:

ISSUES WITH BILL TO AND SHIP TO UNDER GST By- CA ANKUR KAPIL

Place of supply of goods other than supply of goods imported into, or exported from India Section 10 (a) where the supply involves movement of goods, whether by the supplier or the recipient or by any other person, the place of supply of such goods shall be the location of the goods at the time at which the movement of goods terminates for delivery to the recipient; (b) where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such person; CA ANKUR KAPIL

Continued…….. (c) where the supply does not involve movement of goods, whether by the supplier or the recipient, the place of supply shall be the location of such goods at the time of the delivery to the recipient; (d) where the goods are assembled or installed at site, the place of supply shall be the place of such installation or assembly; (e) where the goods are supplied on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, the place of supply shall be the location at which such goods are taken on board. CA ANKUR KAPIL

Analysis of Section 10(b) Goods Delivered by Supplier to recipient ( May or may not be customer of that Supplier) on the direction of a third person ( Customer) It shall be deemed that the said third person has received the goods Place of supply of such goods shall be the principal place of business of such person (Customer). CA ANKUR KAPIL

Supplier Customer Recipient Bill to Ship to Separate transaction CA ANKUR KAPIL

Either Supplier or Customer has to generate E Way Bill Has to raise invoice as per customer Billing address. If its in other state then IGST will apply If in same State then CGST and SGST will apply Customer Either Supplier or Customer has to generate E Way Bill CA ANKUR KAPIL

Supplier State Customer State Recipient State Place of Supply Tax Applicable Haryana CGST+SGST Delhi IGST Maharashtra CA ANKUR KAPIL

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