We are manufacturer of packaging machines in Mumbai, Maharashtra. We have sold one machine to party named “SIM” who is also in Maharashtra, against its PO. It was clearly mentioned in the “SIM’s” PO that machine has to be delivered to “ION” in Gujarat. Because “SIM“ has leased this machine to party named “ION”. Our CA advised to charge IGST in invoice raised in the month of March 18 as machine was being delivered out of state. However both the buyer and leasee is asking to charge GST (not IGST) and change the bill as sale & purchase is in state of Maharashtra. May anybody advise us whether our CA is right and what to do now? more
There are two parts in the whole transaction - (1) supply of goods to SIM & (2) Supply of service by SIM to ION; For the first part CGST & SGST has to be paid for the intra-state supply of goods and for second part CGST & IGST has to be paid for inter-state supply of service. However, ITC will be available for SIM to off-set duty when supplied to ION more
As Sanjeev advised it is local sales/intrasale and not interstate sale, though Bill to & ship to is diff, but for you it is SIM matters who pays the bill, in turn SIM will bill to ION what he feels right (for him it is interstate sales) so you need to charge local gst and not igst, sometime laws very confusing and GST is New so people are still in understanding mode or if you have still doubt contact local your jurisdictional GST officer to get clarfied!! more
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By Sunita Varghese
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