Question24: I politely
differ with your views on the query in your 'Practical Question' column which is
appearing in the trail mail. For the sake of brevity, your answer to the query
is reproduced below:
Answer: Your office in Mumbai is using it's infrastructure to provide
services to Gujrat Factory whatever your office is doing that is used by the
factory so the Mumbai office is providing service to Gujrat factory. The
registration as ISD is to be taken when some Establishment is arranging services
for the factory(other business places ) The mumbai office is not outsourcing
service but it's self providing service so you should take registration as a
supplier. As per schedule 1 clause 2 to the CGST Act the services provided by
one distinct person to other is taxable even if no consideration is charged. The
same is as follow Schedule 1 clause 2.
2. Supply of goods or services or both between related persons or between
distinct persons as specified in section 25, when made in the course or
furtherance of business:
Provided that gifts not exceeding you are suggested to surrender ISD and take
normal registration as supplier .
You have to raise invoice for the services and charge tax on it. This will be
also beneficial to you because if you are raising invoice as service provider
then you can claim credit of all inwards like photocopy paper ,furniture or TV
purchased and used in office of Mumbai.'
In my opinion, under the given situation, the office at Mumbai needs to take ISD
registration for distributing the ITC of the GST paid on common input services
received by the Mumbai Office. Mumbai office is not providing any taxable
services to its factory at Gujarat. For e.g. services of telephone and internet
or services of technical or legal consultants received at Mumbai office. All
such services have been received by Mumbai office for the factory from where
taxable outward supply is effected. Mumbai office cannot raise GST invoice to
the factory at Gujarat since no service has been provided by Mumbai office to
the factory at Gujarat. In such a situation, the appropriate step is to take ISD
registration for distribution of the ITC. It is only the ISD registration that
legally allows Mumbai office to raise ISD invoice on its factory without making
any taxable supplies. Based on such ISD invoice, factory can avail ITC and
utilize the same for making payment of GST liability on its outward supplies.
ANSWER
the Mumbai office is not providing any service on payment of tax but all the
work they are doing is consumed by the Gujrat factory This is providing of
service and you will have to pay tax on this transaction.
The demand in audit may be raised as per schedule 1 clause 2 to the CSGST Act
the is as follow
ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION
(2)Supply of goods or services or both between related persons or between
distinct persons as specified in section 25, when made in the course or
furtherance of business:
Provided that gifts not exceeding fifty thousand rupees in value in a financial
year by an employer to an employee shall not be treated as supply of goods or
services or both.
The concept of ISD is misunderstood in Industry and trade
The ISD system will apply if you are collecting services for other units like
you are giving contract of advertisement for TV channel and all the
manufacturing units are taking benefit of it.In this case you can operate as a
service provider as well as ISD to other unit as per your choice but so far as
the Illustration given in mail is concerned it is providing service without
consideration and the same may be subjected to tax as per schedule 1
Let us give you an additional input that if you are registered as a service
provider you can take credit of inputs and capital goods which are not available
to ISD Tax planning is a very fast emerging area in GST you can plan it within
the frame work of Law . (Reply Dt. 26/12/2017)