Question
Our client is having registered office in the
State of Haryana and Maharastra. He is providing the shuttle service to the
various companies.
For this service he hired the buses from the bus operator (situated in
Maharastra) and provide the shuttle service to the various companies in the
state Maharashtra. Invoice against this service raised from the Haryana office
by charging IGST.
Query: Is it as per law to raise the invoice from Haryana office instead of
Maharastra office (i..e the state in which the service is being rendered).
Answer
The offices located in Haryana and Maharashtra
are distinct person as per section 25(5) reproduced below
Where a person who has obtained or is required to obtain registration in a State
or Union territory in respect of an establishment, has an establishment in
another State or Union territory, then such establishments shall be treated as
establishments of distinct persons for the purposes of this Act.
The services are provided by the Maharashtra office and not by the Haryana
office. Therefore invoice will be issued by the Maharashtra office and not by
the Haryana office being distinct person (Reply dt.05/01/2019)