QUESTION
PLACE OF SUPLLY FOR SERVICES My client (M/s. ABC) is registered at Mumbai and
his customer (M/s. XYZ) registered at Gujarat. M/s. XYZ placed order to my
client (M/s. ABC) for installation of electric solar system (installation
Services only) to his customer also located at Mumbai. My client (M/s. ABC) want
to raised invoice to his customer M/s. XYZ. In this case my quarry is what is
place of supply?
ANSWER
Facts of the case:ABC registered at Mumbai provides installation service of electric solar system
in Mumbai for customer registered at Gujarat.
Law Applicable:
SECTION 12 of IGST Act
(2) The place of supply of services, except the services specified in
sub-sections (3) to (14),
(a) made to a registered person shall be the location of such person;
Interpretation: There is no specific sub section for determining POS in case of
installation service. Therefore as per residuary clause the POS shall be the
Place of registered recipient. In this case the place of recipient is Gujarat.
Conclusion: Place of supply is place of recipient i.e. Gujarat.(Reply dt.17-03-2020)