Overseas sub-contracted projects may not be tax free in India

New Delhi, Aug 13 Rendering of service even for international projects would be taxed in India if the location of main contractor is in the country.

Such supply will be treated as local supply in this case and chargeable at the applicable GST rates.

According to a ruling by the Telangana Authority for Advance Ruling, if the supplier of a service does not have any successive relationship with an overseas recipient of service but the supply is linked to an entity having its headquarters in India, the supply will be deemed to have taken place within the country, and therefore taxable.

The ruling had been given on an application of Avantika Contracts that constructed an Institute of Security and Law Enforcement studies at Addu City in the Maldives. The company contended that since the supply of services is outside India, GST should not be applicable on it.

But the AAR ruled that though construction by Avantika Contracts is for an immovable property in the Maldives, it has rendered such service being sub-contracted the job for the building by he National Building Construction Corporation

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