Redressing GST Issues in Intermediary Services


The importance & understanding the relevance of Intermediary Services under GST is duly explained by CA. Puneet Oberoi. Intermediary Services are one of those dark corners, which is quite irritating & brings confusion for Tax Payers. When this Unique Concept of Intermediary Services introduced, whose relevance can be seen in IGST Act. The provisions of Intermediary Services are entirely linked with Provisions of Place of Supply.

We know, that the export of services has some certain conditions to qualify as Export of Services. The one of the vital condition is that the place of services, should be outside India.

But, the Place of Supply of Intermediary services is defined as the place of supply will be the location of Intermediary. This means, that all those persons, who are sitting in India, and dealing with the foreigners and foreign institutional investors or foreign company, from India and they receive the income in Foreign Currency, for all those the place of supply will be deemed to be in India.

The effect will be, that all those who qualify and comply with all other conditions of Service Export, that just because of this provision, the place of supply is treated in India and they are liable to pay the 18% GST. In the normal transaction, when we pay the GST, the other party get the Input Tax Credit but in case of Intermediary Services, the other party is in Non Taxable Territory and hence it becomes the Transaction Cost.

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