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TMI BlogClarification on place of supply of Online Services supplied by the suppliers of services to unregistered recipients.X X X X Extracts X X X X X X X X Extracts X X X X ..... er themselves or through electronic commerce operators, to unregistered recipients due to wrong interpretation of provisions of section 12(2)(b) of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as the "IGST Act") read with rule 46 of the West Bengal Goods and Services Tax Rules, 2017 (hereinafter referred to as the "WBGST Rules"). It has also been mentioned that though in such cases of taxable online supplies of services to unregistered recipients, registered suppliers 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 the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... providing data or information, retrievable or otherwise, to any person in electronic form through a computer network; (v) online supplies of digital content (movies, television shows, music and the like); (vi) digital data storage; and (vii) online gaming, excluding the online money gaming as defined in clause (80B) of section 2 of the Central Goods and Services Tax Act, 2017 (12 of 2017);" 3.2 The term 'electronic commerce' has been defined under section 2(44) of the WBGST 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 the WB ..... 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 in cases that where any taxable service is supplied by or through an electronic commerce operator or by a supplier of online information and database access or retrieval services to a recipient who is unregistered, irrespective of the value of such supply, a tax invoice issued by the registered person shall contain the name of the State of the recipient and the same shall be 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 recip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the WBGST Rules leads to a conclusion that in respect of supply of services made to unregistered persons, irrespective of the value of the said supply, the supplier is required to mandatorily record the name of the State of the unregistered recipient on the tax invoice, in cases 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly required to record the name of the State of the recipient on the tax invoice, irrespective of the value of supply of such services, and to declare place of supply of the said services as the location of the 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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