• Liability under GST of Commission from Foreign Principal to Indian Agent

1.Is Commission received from a Foreign Company by an Indian Agent for arranging / facilitating imports into India by an Indian Customer liable to GST ? If sp under what section of IGST?
2. Rate applicable and the HSN Code of the Service to be quoted on the Invoice?
3 Is Total proceeds of Commission received from the Principal i.e Foreign company is Taxable and if so the credit on Input services is eligible to set off against the liability?
Asked 5 years ago in GST

Hi,

1. Yes. Section 24 of GST.

2. Yes.

3.Yes.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

- Still there is ambiguity whether it is intra-state or inter-state?. You cam consider it as intra-state u/s 13(8)(b) and charge rate @18%. It is not an export of service. Place of supply is the loacation of the supplier of services.

Vivek Kumar Arora
CA, Delhi
4846 Answers
1044 Consultations

5.0 on 5.0

Hi,

Hope you are doing well !

It will not be considered as export of services.

The same will be treated as intra state u/s 13(8)(b).

GST@18% will be applicable on it.

Location of supplier of services will be considered as place of supply.

 

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

1) 9961 

2) Please refer 13(8)(b)

Vivek Kumar Arora
CA, Delhi
4846 Answers
1044 Consultations

5.0 on 5.0

Hi,

Yes it will be chargeable to GST @18% and it will not be treated as Export of Service.

 

regards,

Nikhil

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

First of all in course of intermediary service the place of supply is the place of service provider.

Second since it is for arranging imprts it is treated as inter state supply.

Thirdly the sac code for commission agent is 996111 or try the sac code 99.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement. Thank you

Naman Maloo
CA, Jaipur
4274 Answers
97 Consultations

5.0 on 5.0

 

Services falling under HSN / SAC Code 996111 are given in Notification No. 11/2017-Central Tax (Rate), serial no 5

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

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