Place
of Provision of Services Rules, 2012
Rule No.
|
Place of Provision of Services
|
Rule (Place of Provision of service)
|
14
|
Order
of application of rules
|
When Provision
of service prima facie determinable in terms of more than one rule, The rule
that occurs later Shall Apply.
|
3
|
Generally
|
Location of the Recipient;
Provided: - When
location of receiver not available than location of service provider.
|
4
|
Performance
based
|
(a) As per Location of Goods :- For Services
for goods that are required to be made physically available by the recipient
to the provider of services-
Where the services
are actually performed
Provided:-
When
service provided from remote location by electronic means-
Where goods are
situated at time of provision.
This
sub-rule Shall NOT APPLY when goods temporarily IMPORTED into India FOR:-
1. Repairs
2. Reconditioning
3. Re-engineering
FOR
EXPORT.
Example of
such services: - Repairs, Storage, Courier, Testing, repair of Software etc.
|
(b) As per Physical presence of Receiver :- For services
provided to individual which requires
the physical presence of the receiver with the provider of services-
where the services
are actually performed
Example of
such services:- Plastic Surgery, Photography etc.
|
||
5
|
Relating
to Immovable property
|
Where the immovable
property is located or intended to be located
|
6
|
Relating
to Events
|
Where the Event is
Actually Held
|
7
|
Provided
at more than one location
|
Location in the
taxable territory where the greatest proportion of service is provided
|
8
|
Provider
& Recipient located in taxable territory
|
Location of the
recipient of Service
|
9
|
Specified
Services
|
For following services Location of Service
provider
1. Provided
by Banking co., FI, NBFC to Account holders.
2. Online
information & Database access or retrieval services.
3. Intermediary
Services.
4. Hiring
of means of transportation up to a period of 1 Month.
|
10
|
Goods
Transportation services
|
Place of Destination
of Goods
Provided
transportation other than by Mail or Courier.
Provided
place of provision shall be the location of person liable to pay tax.
|
11
|
Passenger
Transportation Services
|
Place where the passenger
embarks on the conveyance for a continuous journey.
|
12
|
Provided
on board a conveyance
|
The first Scheduled
point of departure of that conveyance of the journey.
|
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