Inter state Supply (sec 7 of IGST Act, 2017)
Statutory Provision for Levy & Collection : Sec 5 of IGST Act
Rates : Maximum : 40% (CGST rate + SGST rate)
on Goods: 0.1%; 0.25%; 3%; 5%; 12%; 18% and 28%
Services : 5%; 12%; 18% and 28%
- The following shall be treated as inter state trade or commerce with respect to Goods /Services Supply of Goods/Services where Location of the Supplier and Place of Supply are in –
- Two different states/ Union Territories
- A State and a Union Territory
All IMPORTS shall be deemed as Inter State Supplies and thus, IGST shall be levied in addition to the custom duties
- If Supplier of goods/services located in India and Place of Supply is outside India, it shall be deemed to be inter state supply.
- Supply of Goods/services to/by SEZ developer/unit shall be deemed to be inter state supply.
Intra state Supply (sec 8 of IGST Act, 2017)
Statutory Provision for Levy & Collection : Sec 5 of CGST Act
Rates : Maximum : 20%
on Goods: 0.05%; 0.125%; 1.5%; 2.5%; 6%; 9% and 12%
Services : 2.5%; 6%; 9% and 12%
- The following shall be treated as intra state trade or commerce with respect to Goods/Services Supply of Goods/Services where Location of the Supplier and Place of Supply are in same different states/ Union Territories
Such supplies are eligible for CGST and SGST.
Exceptions:
Following shall not be treated as Intra state supplies
- Supply to or by SEZ Unit/Developer
- Goods imported into India
- Supplies made to tourist
Tax payable by Electronic Commerce Operator (ECO) :
- If ECO is Located in taxable territory : person liable to pay tax is ECO
- If ECO does not have physical : Person representing ECO
presence/representative in taxable territory
- If ECO has no physical presence : Person appointed by ECO for the purpose
or a representative
Categories of Intra State services on which ECO is liable to pay tax
- Transportation of passangers by radio taxi, motorcab, maxi cab, motor cycle
- Providing accommodations in hotels, guests houses, other commercial places meant for lodging/residential purposes
- Services by way of house keeping.
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