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TMI BlogZero Rated GST ASMT10X X X X Extracts X X X X X X X X Extracts X X X X ..... So, I have foreign e-commerce income in the form of digital products and Payments do come in USD which is then converted by the bank in INR. I have been under the impression that export of OIDAR services are zero rated for GST therefore I have been filing Nil returns all this time and I had no idea about the existence of LUT until recently I got a ASMT10 notice asking to explain the Nil returns fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led since there were some TCS deductions. I'm not sure how to take things from here so any advice is welcome. Thanks - Reply By Sadanand Bulbule - The Reply = Dear Sir Admittedly you have fulfilled all the conditions of Section 2[6] of the IGST Act for export of OIDAR. So take the best advice from your tax consultant which may solve your problem legally. - Reply By KASTURI SETHI - The Reply = ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sh.Tapash K Ji, In this situation, the place of supply is determinant factor as per Section 13 (12) of IGST Act which is extracted below : (Peruse all the parameters) SECTION 13. Place of supply of services where location of supplier or location of recipient is outside India. (12) The place of supply of online information and database access or retrieval services shall be the location of the recip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ient of services. Explanation . - For the purposes of this sub-section, person receiving such services shall be deemed to be located in the taxable territory, if any two of the following non-contradictory conditions are satisfied, namely :- (a) the location of address presented by the recipient of services through internet is in the taxable territory; (b) the credit card or debit card or store val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue card or charge card or smart card or any other card by which the recipient of services settles payment has been issued in the taxable territory; (c) the billing address of the recipient of services is in the taxable territory; (d) the internet protocol address of the device used by the recipient of services is in the taxable territory; (e) the bank of the recipient of services in which the acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt used for payment is maintained is in the taxable territory; (f) the country code of the subscriber identity module card used by the recipient of services is of taxable territory; (g) the location of the fixed land line through which the service is received by the recipient is in the taxable territory. - Reply By Sadanand Bulbule - The Reply = Dear Sir It is a sagacious suggestion. - Zero Rate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d GST ASMT10 - Query Started By: - Tapash K Dated:- 6-11-2024 Last Replied Date:- 6-11-2024 Goods and Services Tax - GST - Got 3 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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