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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST Update 04.03.2017-PLACE OF SUPPLY OF GOODS OR SERVICES PART-III

PLACE OF SUPPLY OF GOODS OR SERVICES PART-III

GST DAILY DOSE OF UPDATION
PLACE OF SUPPLY OF GOODS OR SERVICES PART-III:-
SECTION 10: PLACE OF SUPPLY OF SERVICES WHERE THE LOCATION OF THE SUPPLIER OR THE LOCATION OF THE RECIPIENT IS OUTSIDE INDIA
In continuation to our earlier update, we shall discuss some other provisions of section 10. According to sub-section (8), the place of supply of certain services like banking, intermediary and short term hiring of transport upto one month shall be the location of service provider. This provision is in alignment with the Rule 9 of the Place of Provision of Service Rules, 2012 which also provides that in case of intermediary services, the place of supply of service shall be the location of service provider. Moreover, the definition of intermediary is also given under section 2(13) of the IGST Act to mean a broker, an agent, or any other person, by whatever name called, who arranges or facilitates the supply of service or supply of goods between two or more persons but does not include a person who provides the main service or supplies the goods on his own account. It is pertinent to mention here that the intermediary includes person who facilitates supply of goods or services. This is appreciated as there was lacunae in the definition of intermediary wherein only person facilitating supply of services was covered. This had the effect that no service tax was leviable in case of services of intermediary located abroad was availed with respect to services but service tax was levied in case of intermediaries facilitating supply of goods and situated abroad. However, this lacunae was removed with effect from 01.10.2014 and as of now, intermediary includes both facilitating supply of goods or services. The incorporation of rectified definition of intermediary in the GST law is highly appreciated.
The other provisions pertaining to determination of place of supply in case of transportation of goods being destination of goods, in respect of transportation of passengers being place of embarkation and supply of services on boarding a conveyance being first scheduled departure of conveyance for journey are same as contained in the Place of Provision of Service Rules, 2012. However, the major change that has continued in the GST regime is regarding place of supply of service for online information and database access or retrieval services (OIDARS). It is worth mentioning that earlier, the OIDARS was covered under Rule 9 of the Place of Provision of Service Rules, 2012 wherein the place of supply for such services was the location of service provider. However, w.e.f. 01.12.2016, the clause (b) of Rule 9 pertaining to OIDARS has been deleted thereby meaning that the general rule shall be applicable for OIDARS. Moreover, special mechanism has been developed wherein the service provider located outside India and providing such OIDARS shall be liable to pay service tax under forward charge. The drastic amendment has been imported in the proposed GST regime also wherein a new sub-section 12(a) has been inserted to provide that the place of supply in case of OIDARS shall be the location of service recipient. Not only this, a deeming fiction has been created whereby person receiving OIDARS shall be deemed to be located in taxable territory if any two of the following conditions are satisfied as follows:-
a) Location of address given by the recipient is in taxable territory
b) Credit/debit card or any other cards used for payment has been issue in taxable territory
c) Billing address of recipient is in taxable territory
d) IP address of device is in taxable territory
e) Bank of recipient in which account is used for payment is in taxable territory
f) Country code of SIM is in taxable territory
g) Location of fixed land line through which service is received by recipeint is in taxable territory.
A special provision for taxability of OIDARS has been incorporated in section 12 of the IGST Act wherein supplier of service located in non-taxable territory has been made liable to pay IGST. The provisions are similar to the recent amendments made in the Service Tax Laws. Not only this, meaning of OIDARS has been given as services whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply essentially automated and involving minimal human intervention, and impossible to ensure in the absence of information technology and includes electronic services such as
(a) advertising on the internet;
(b) providing cloud services;
(c) provision of e-books, movie, music, software and other intangibles via telecommunication networks or internet;
(d) providing data or information, retrievable or otherwise, to any person, in electronic form through a computer network;
(e) online supplies of digital content (movies, television shows, music, etc.);
(f) digital data storage; and
(g) online gaming;
The above meaning is also in line with the meaning revised recently in Service Tax Laws. It appears that the provisions of Place of Provision of Service Rules, 2012 presently in force have been taken as base while framing the Rules for determination of Place of Supply in GST regime. Determination of Place of supply is not an easy task and so incorporating provisions presently in force in Service Tax Laws will be convenient for assessees in the new GST regime.
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