SERIES II No. 41

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2024-2026

Panaji, 13th January, 2025 (Pausa 23, 1946)

GOVERNMENT OF GOA

Department of Finance

Office of the Commissioner of Commercial Taxes

——

No. CCT/26-4/2024-25/G/4348

Subject: Clarification in respect of input tax credit

availed by electronic commerce operators

where services specified under Section 9(5)

of Central Goods and Services Tax Act, 2017

are supplied through their platform-reg.

Ref.: Circular No. 240/34/2024-GST dated 31st

December, 2024 issued under Central Goods and

Services Tax Act, 2017 by the GST Policy Wing,

Central Board of Indirect Taxes and Customs,

Department of Revenue, Ministry of Finance,

Government of India, New Delhi.

Circular

(No. 32/2024-25-GST)

The GST Policy Wing, Central Board of Indirect

Taxes & Customs, Department of Revenue, Ministry of

Finance, Government of India, New Delhi has issued

the above referred Circular.

For the uniformity in implementation and in

exercise of the powers conferred under Section 168 of

the Goa Goods and Services Tax Act, 2017 (Goa Act 4

of 2017) it is hereby directed that the said Circular

issued by the GST Policy Wing, Central Board of

Indirect Taxes and Customs, Department of

Revenue, Ministry of Finance, Government of India

shall be applicable, mutatis mutandis, in

implementation of the Goa Goods and Services

Tax Act, 2017 (Goa Act 4 of 2017).

A copy of the above referred circular is attached

herewith as Annexure.

Difficulty, if any, in implementation of this

circular may please be brought to the notice of

the undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Commissioner of State

Taxes, Goa.

Panaji, 13th January, 2025.

——

ANNEXURE

Circular No. 240/34/2024-GST

F. No. CBIC-20001/14/2024-GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

North Block, New Delhi, dated the 31st

December, 2024

To,

The Principal Chief Commissioners/Chief

Commissioners of Central Tax (All).

=Suggestions are welcomed on e-mail: [email protected]

855

EXTRAORDINARY

No. 2

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

(EXTRAORDINARY No. 2)

13TH JANUARY, 2025

856

The Principal Directors General/Directors

General (All).

Madam/Sir,

Sub.: Clarification in respect of input tax credit

availed by electronic commerce operators

where services specified under Section 9(5) of

Central Goods and Services Tax Act, 2017 are

supplied through their platform-reg.

Reference is invited to Circular No. 167/23/2021-

-GST dated 17-12-2021 which clarified that

electronic commerce operators (hereinafter referred

to as “ECOs”) required to pay tax under Section 9(5)

of the Central Goods and Services Tax Act, 2017

(hereinafter referred to as “CGST Act”) are not

required to reverse Input Tax Credit (ITC) in respect

of supply of restaurant services through their

platform [notified services under Section 9(5)]. In

this regard, representations have been received

seeking clarification regarding requirement of

reversal of ITC, if any, in respect of supply of

services, other than restaurant services, under

Section 9(5) of CGST Act.

2. The issue has been examined and to ensure

uniformity in the implementation of the law across

the field formations, the Board, in exercise of its

powers conferred under Section 168(1) of the CGST

Act, hereby clarifies the issue as below:

Sr. No.

Issue

Clarification

1

2

3

1.

Whether electronic commerce operator,

required to pay tax under Section 9(5)

of CGST Act, is liable to reverse

proportionate input tax credit on his

inputs and input services to the extent

of supplies made under Section 9(5) of

the CGST Act

1.

ECO, required to pay tax under Section 9(5)

of CGST Act, is making supplies under two

counts:

i.

Supplies notified under Section 9(5) of

CGST Act for which he is liable to pay tax

as if he is the supplier of the said services.

ii.

Supply of his own services by providing

his electronic platform for which he

charges platform fee /commission etc.

from the platform users.

2.

For providing the services mentioned at 1 (ii)

above, the ECO procures inputs as well as

input services for which he avails Input Tax

Credit.

3.

It has been clarified vide question No. 6 of

Circular No. 167/23/2021-GST dated 17-12-2021

that the ECO shall not be required to reverse

input tax credit on account of restaurant

services on which he pays tax under Section 9(5)

of the CGST Act. It has also been clarified

that the input tax credit will not be allowed

to be utilized for payment of tax liability under

Section 9(5) and whole of the tax liability

under Section 9(5) will be required to be paid

in cash.

4.

The principle, which has been outlined in

question No. 6 of Circular No. 167/23/2021-GST

dated 17-12-2021 also applies to the supplies

made in respect of other services specified

under Secton 9(5) of CGST Act.

5.

In view of this, it is clarified that Electronic

Commerce Operator, who is liable to pay tax

under Section 9(5) of the CGST Act in respect

of specified services, is not required to reverse

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857

1

2

3

the input tax credit on his inputs and input

services proportionately under Section 17(1)

or Section 17(2) of CGST Act to the extent of

supplies made under Section 9(5) of the CGST Act.

6.

It is further clarified that ECO will be

required to pay the full tax liability on

account of supplies under Section 9(5) of the

CGST Act only through electronic cash ledger.

The credit availed by him in relation to the

inputs and input services used to facilitate

such supplies cannot be used for discharge of

such tax liability under Section 9(5) of the

CGST Act. However, such credit can be

utilized by him for discharge of tax liability in

respect of supply of services on his own

account.

3. It is requested that suitable trade notices may be issued to publicize the contents of this Circular.

4. Difficulty, if any, in implementation of this Circular may be brought to the notice of the Board.

Hindi version would follow.

(Sanjay Mangal) Principal Commissioner (GST).

————

No. CCT/26-4/2024-25/G/4349

Subject:

Clarification on availability of input tax

credit as per Clause (b) of sub-section (2)

of Section 16 of the Central Goods and

Services Tax Act, 2017 in respect of goods

which have been delivered by the

supplier at his place of business under

Ex-Works Contract-reg.

Ref.: Circular No. 241/35/2024-GST dated 31st

December, 2024 issued under Central Goods

and Services Tax Act, 2017 by the GST Policy

Wing, Central Board of Indirect Taxes and

Customs, Department of Revenue, Ministry of

Finance, Government of India, New Delhi.

Circular

(No. 33/2024-25-GST)

The GST Policy Wing, Central Board of Indirect

Taxes & Customs, Department of Revenue, Ministry

of Finance, Government of India, New Delhi has

issued the above referred Circular.

For the uniformity in implementation and in

exercise of the powers conferred under Section 168

of the Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017) it is hereby directed that the said

Circular issued by the GST Policy Wing, Central

Board of Indirect Taxes and Customs, Department of

Revenue, Ministry of Finance, Government of India

shall be applicable, mutatis mutandis, in

implementation of the Goa Goods and Services Tax

Act, 2017 (Goa Act 4 of 2017).

A copy of the above referred circular is attached

herewith as Annexure.

Difficulty, if any, in implementation of this circular

may please be brought to the notice of the

undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Commissioner of State

Taxes, Goa.

Panaji, 13th January, 2025.

——

ANNEXURE

Circular No. 241/35/2024-GST

F. No. CBIC-20001/14/2024-GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

North Block, New Delhi, dated the 31st

December, 2024

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

(EXTRAORDINARY No. 2)

13TH JANUARY, 2025

858

To,

The Principal Chief Commissioners/ Chief

Commissioners of Central Tax (All).

The Principal Directors General/Directors

General (All).

Madam/Sir,

Subject:

Clarification on availability of input tax

credit as per Clause (b) of sub-section (2)

of Section 16 of the Central Goods and

Services Tax Act, 2017 in respect of goods

which have been delivered by the

supplier at his place of business under

Ex-Works Contract-reg.

Reference has been received from automobile

sector seeking clarification on availability of input

tax credit (hereinafter referred to as “ITC”) as per

Clause (b) of sub-section (2) of Section 16 of the

Central Goods and Services Tax Act, 2017

(hereinafter referred to as “CGST Act”) in respect of

goods which have been delivered by the supplier at

his place of business under Ex-Works Contract.

1.2 It has been stated that in automobile sector,

the contract between the automobile dealers and

the Original Equipment Manufacturers (OEMs) is

generally an Ex-Works (EXW) contract, and as per

the terms of the contract, the property in goods (i.e.

vehicles) passes to the dealer at the factory gate of

the OEM, when the goods are handed over to the

transporter at the instance of the dealer, and the

delivery on the part of the OEM is complete at his

factory gate. The transport may be arranged by the

OEM on behalf of the dealer and where insurance

is arranged, it may also be done on behalf of the

dealer. Any claim in case of loss has to be lodged by

the dealer. The dealer also duly accounts for the

invoice in his books of accounts on such delivery of

the vehicles at the factory gate of the OEM. The

dealer avails ITC on the date the vehicles are billed

to him and handed over to the transporter by the

OEM at his factory gate. However, some field

formations are taking a view that ITC can be availed

by the dealer only after the vehicles are physically

received by him at his business premises and show

cause notices have been issued to a number of

dealers, demanding tax for wrongful availment of

ITC for contravention of provisions of Clause (b) of

sub-section (2) of Section 16 of the CGST Act.

2. In order to ensure uniformity in the

implementation of the provisions of law across the

field formations, the Board, in exercise of its powers

conferred by sub-section (1) of Section 168 of the

CGST Act, hereby clarifies the issue as below.

3. Sub-section (2) of Section 16 of the CGST Act

is a non-obstante clause to Section 16 of the CGST

Act which enlists the conditions, failing which the

registered person is not entitled to ITC in respect of

supply of goods or services or both. One of the

conditions as per Clause (b) of the said sub-section

(reproduced below) is that a registered person is

not entitled to claim ITC in respect of any supply of

goods or services or both unless he has “received”

the said goods or services or both. The Explanation

to the said clause provides for deemed receipt of

goods and services in certain scenarios.

“Section 16. Eligibility and conditions for taking

input tax credit.

......

(2) Notwithstanding anything contained in this

section, no registered person shall be entitled to the

credit of any input tax in respect of any supply of

goods or services or both to him unless,—

......

(b) he has received the goods or services or both.

Explanation.— For the purposes of this clause, it

shall be deemed that the registered person has

received the goods or, as the case may be, services—

(i) where the goods are delivered by the supplier to

a recipient or any other person on the direction of

such registered person, whether acting as an agent

or otherwise, before or during movement of goods,

either by way of transfer of documents of title to

goods or otherwise;

(ii) where the services are provided by the supplier

to any person on the direction of and on account of

such registered person;

…”

3.1

From a plain reading of the Clause (b) of

sub-section (2) of Section 16 of the CGST Act, it is

quite apparent that there is no reference of any

particular place where goods are required to be

“received” by the registered person. This is in

contrast to the erstwhile Central Excise regime,

where the provisions contemplated physical receipt

of the goods at the factory of the manufacturer for

taking CENVAT credit on the said goods. In most of

the State VAT Acts, the provisions related to credit

of the input tax did not have any explicit mention

of physical receipt of goods at any particular place

and input tax credit was allowed on purchase of

goods.

3.2 Explanation to Clause (b) of sub-section (2) of

Section 16 of the CGST Act provides that the goods

would be deemed to have been “received” by the

registered person for the purpose of this clause,

where:

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859

a) the goods are delivered by the supplier to a

recipient or to any other person on the

direction of such registered person, whether

acting as an agent or otherwise;

b) such direction may be given before or during

movement of goods; and

c) the goods may be delivered either by way of

transfer of documents of title to goods or

otherwise.

3.2.1 The said Explanation provides that where

goods are delivered by the supplier to any other

person, whether acting as an agent or not, upon the

direction of the registered person, and where such

delivery occurs either through transfer of documents

of title to goods or otherwise, the registered person

is deemed to have “received” such goods for the

purpose of the Clause (b) of sub-section (2) of Section 16

of CGST Act. Accordingly, in cases where goods are

delivered by the supplier to the registered person,

either directly or to any other person on the

directions of the said registered person, the

registered person shall be considered to have

“received” the said goods for the purpose of

Clause (b) of sub-section (2) of Section 16 of CGST

Act.

3.3 In the instant case, as per the terms of the

EXW contract between the dealer and the OEM:

a) the goods are being handed over by the OEM

to the transporter at his factory gate for

onward transmission to the dealer;

b) transport is arranged by OEM on the behalf of

dealer; and

c) if insurance is arranged, it is done on the behalf

of dealer and any claim in case of loss has to

be lodged by the dealer.

3.3.1 In such a scenario, the property in the said

goods can be considered to have been passed on to

the dealer by the OEM upon handing over of the

said goods to the transporter at his factory gate,

meaning thereby that the goods can be considered

to have been delivered to the registered person (the

dealer), through the transporter, by the supplier (the

OEM) at his factory gate and the supply of the said

goods can be considered to have fructified at the

factory gate of the OEM, even though the goods

may be physically received by the registered person

(the dealer) after the transit period. Accordingly, it

is clarified that as per Explanation to Clause (b) of

sub-section (2) of Section 16 of CGST Act, the

registered person (the dealer) can be considered to

have “received” the said goods at the time of such

handing over of the goods by the supplier to the

transporter, at his factory gate, for their onward

transmission to the said registered person (the

dealer).

3.4

The same principle is applicable in respect

of supply of other goods also where the contract

between the supplier and recipient is an EXW

contract, and as per terms of the contract, the goods

are to be delivered by the supplier to the recipient,

or to any other person (including a transporter) on

behalf of the recipient, at his (supplier’s) place of

business and the property in the goods stands

transferred to the recipient at the time of such

handing over. In such cases, the said goods can be

construed to have been “received” by the said

recipient at the time of handing over the said goods

to the recipient or to the transporter, as the case

may be, as per provisions of Clause (b) of sub-section (2)

of Section 16 of CGST Act.

3.5 It is also mentioned that as per provisions of

sub-section (1) of Section 16 of the CGST Act, a

registered person is entitled to input tax credit only

in respect of supply of goods or services or both,

which is used or intended to be used in the course

or furtherance of business. Therefore, the input tax

credit may be available to the registered person on

such receipt of goods by the said registered person

from the supplier at his (supplier’s) factory gate or

business premises, subject to fulfilment of other

conditions of Section 16 and Section 17 of CGST

Act, including the condition that the said goods are

used or intended to be used in the course or

furtherance of business by the said registered

person.

3.6 It is also to be noted that if the goods are

found to have been diverted for non-business

purposes at any stage, either before physically

receiving the said goods at his business premises or

subsequently, the registered person shall not be

entitled to input tax credit on such goods in terms

of sub-section (1) of Section 16 of CGST Act. Further,

if at any time after “receiving” the goods, such

goods are lost, stolen, destroyed, written off or

disposed of by way of gift or free samples, the

registered person would not be entitled to the input

tax credit in respect of such goods as per provisions

of Clause (h) of sub-section (5) of Section 17 of CGST

Act.

4. It is requested that suitable trade notices may

be issued to publicize the contents of this Circular.

5. Difficulty, if any, in the implementation of this

Circular may be brought to the notice of the Board.

Hindi version would follow.

(Sanjay Mangal) Principal Commissioner (GST).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 41

(EXTRAORDINARY No. 2)

13TH JANUARY, 2025

860

No. CCT/26-4/2024-25/G/4350

Subject:

Clarification on place of supply of Online

Services supplied by the suppliers of

services to unregistered recipients-reg.

Ref.: Circular No. 242/36/2024-GST dated 31st

December, 2024 issued under Central Goods

and Services Tax Act, 2017 by the GST Policy

Wing, Central Board of Indirect Taxes and

Customs, Department of Revenue, Ministry of

Finance, Government of India, New Delhi.

Circular

(No. 34/2024-25-GST)

The GST Policy Wing, Central Board of Indirect

Taxes & Customs, Department of Revenue, Ministry

of Finance, Government of India, New Delhi has

issued the above referred Circular.

For the uniformity in implementation and in

exercise of the powers conferred under Section 168

of the Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017) it is hereby directed that the said

Circular issued by the GST Policy Wing, Central

Board of Indirect Taxes and Customs, Department of

Revenue, Ministry of Finance, Government of India

shall be applicable, mutatis mutandis, in

implementation of the Goa Goods and Services Tax

Act, 2017 (Goa Act 4 of 2017).

A copy of the above referred circular is attached

herewith as Annexure.

Difficulty, if any, in implementation of this circular

may please be brought to the notice of the

undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Commissioner of State

Taxes, Goa.

Panaji, 13th January, 2025.

——

ANNEXURE

Circular No. 242/36/2024-GST

F. No. CBIC-20001/14/2024-GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

North Block, New Delhi, dated the 31st

December, 2024

To,

The Principal Chief Commissioners/ Chief

Commissioners of Central Tax (All).

The Principal Directors General/Directors

General (All).

Madam/Sir,

Sub.: Clarification on place of supply of Online

Services supplied by the suppliers of services

to unregistered recipients-reg.

References have been received from field

formations regarding non-compliance of provisions

of mandatory recording of correct place of supply

on the invoices by the suppliers in respect of online

services provided by them, either themselves or

through electronic commerce operators, to

unregistered recipients due to wrong interpretation

of provisions of Section 12(2)(b) of Integrated Goods

and Services Tax Act, 2017 (hereinafter referred to

as “IGST Act”) read with Rule 46 of Central Goods

and Services Rules, 2017 (hereinafter referred to as

“CGST Rules”). It has also been mentioned that

though in such cases of taxable online supplies of

services to unregistered recipients, registered

suppliers are required to mention State name of the

recipient on the invoice, irrespective of the value of

such supply, and declare place of supply of such

services as the State of the recipient as per the

provisions of Clause (i) of Section 12(2)(b) of IGST

Act but many suppliers are not recording the State

name of the unregistered recipient on the invoice

and are declaring place of supply of such services

as the location of the supplier as per Clause (ii) of

Section 12(2)(b) of IGST Act. This is resulting in

wrong declaration of place of supply, resulting in

flow of revenue in respect of the said supply to the

wrong State. Request has been made to clarify the

issue so as to ensure correct declaration of place of

supply by the suppliers of such services to

unregistered recipients.

2. In order to clarify the issue and to ensure

uniformity in the implementation of the provisions

of the law across field formations, the Board, in

exercise of its powers conferred by Section 168(1) of

the Central Goods and Services Act, 2017

(hereinafter referred to as “CGST Act”) hereby

issues the following clarification.

3. Legislative provisions:

3.1 As per sub-section (17) of Section 2 of the

IGST Act, ‘online information and database access

or retrieval services’ means:

“services whose delivery is mediated by

information technology over the internet or an

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electronic network and the nature of which renders

their supply impossible to ensure in the absence of

information technology and includes electronic

services such as,—

(i)

advertising on the internet;

(ii)

providing cloud services;

(iii)

provision of e-books, movie, music, software

and other intangibles through telecommuni-

cation networks or internet;

(iv)

providing data or information, retrievable or

otherwise, to any person in electronic form

through a computer network;

(v)

online supplies of digital content (movies,

television shows, music and the like);

(vi)

digital data storage; and

(vii)

online gaming, excluding the online money

gaming as defined in Clause (80B) of

Section 2 of the Central Goods and Services Tax

Act, 2017 (12 of 2017);”

3.2 The term ‘electronic Commerce’ has been

defined under Section 2(44) of CGST Act, as follows:

“electronic commerce” means the supply of goods

or services or both, including digital products over

digital or electronic network;

3.3 The term ‘electronic commerce operator’ has

been defined under Section 2(45) of CGST Act, as

follows:

“electronic commerce operator” means any person

who owns, operates or manages digital or electronic

facility or platform for electronic commerce;

3.4 Sub-section (2) of Section 12 of the IGST Act,

reads as follows:

“(2) The place of supply of services, except the

services specified in sub-section (3) to (14),—

(a) made to a registered person shall be the location

of such person;

(b) made to any person other than a registered

person shall be,—

(i) the location of the recipient where the address

on record exists; and

(ii) the location of the supplier of services in other

cases.”

3.5 As per sub-section (2) of Section 31 of the

CGST Act,

“(2) A registered person supplying taxable services

shall, before or after the provision of service but

within a prescribed period, issue a tax invoice,

showing the description, value, tax charged thereon

and such other particulars as may be prescribed:”

3.6 Rule 46 of CGST Rules provides as below:

“46. Subject to Rule 54, a tax invoice referred to in

Section 31 shall be issued by the registered person

containing the following particulars, namely,—

…

(f) name and address of the recipient and the

address of delivery, along with the name of the State

and its code, if such recipient is unregistered and

where the value of the taxable supply is less than

fifty thousand rupees and the recipient requests that

such details be recorded in the tax invoice;

Provided that in cases involving supply of online

money gaming or in cases that where any taxable

service is supplied by or through an electronic

commerce operator or by a supplier of online

information and database access or retrieval services

to a recipient who is unregistered, irrespective of the

value of such supply, a tax invoice issued by the

registered person shall contain the name of the State

of the recipient and the same shall be deemed to be

the address on record of the recipient;

…”

4. Clarification:

4.1 Section 12 of the IGST Act provides that

except in cases specified in sub-sections (3) to (14)

of the said section, when the services are supplied

to a registered person, the place of supply of

services shall be the location of the recipient and

when the services are supplied to an unregistered

person, the place of supply of the said services shall

be the location of the recipient, if his address is

available on record, and shall be the location of the

supplier, if the address is not available on record.

4.2 Section 31 (2) of the CGST Act provides that

a registered person providing taxable services must

issue a tax invoice with details like the service

description, value, tax charged and such other

particulars as may be prescribed.

4.3 Rule 46 of CGST Rules provides the particulars

required to be mentioned on the tax invoice. Clause (f)

of the said rule provides for mentioning some details

on the invoice in case of supplies made to

unregistered recipient. Further, proviso to Clause (f)

of Rule 46 of the CGST Rules provides that in cases

involving the supply of online money gaming or

involving supply of any taxable services by or

through an electronic-commerce operator or by a

supplier of online information and database access

or retrieval services, to an unregistered recipient,

irrespective of the value of the said supply, the tax

invoice issued by the registered supplier must

contain the recipient’s State name. It has also been

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provided in the said proviso that such State name

shall be deemed to be the address on record of the

recipient.

4.4 A conjoint reading of Clause (b) of sub-section (2)

of Section 12 of the IGST Act, sub-section (2) of

Section 31 of the CGST Act and proviso to Rule 46(f)

of CGST Rules leads to a conclusion that in respect

of supply of services made to unregistered persons,

irrespective of the value of the said supply, the

supplier is required to mandatorily record the name

of the State of the unregistered recipient on the tax

invoice, in cases involving supply of online money

gaming or supply of taxable services by or through

an electronic commerce operator or supply of online

information and database access or retrieval

(OIDAR) services. Recording of the name of State of

the unregistered recipient on the tax invoice in

respect of such supply of services shall be deemed

as the address on record of the recipient for the

purpose of determination of place of supply of the

said services under Section 12(2)(b) of IGST Act.

Accordingly, in such cases, the place of supply of

such services shall be considered as the location of

the recipient of the services as per provisions of

Clause (i) of Section 12(2)(b) of IGST Act.

4.5 It is also observed that a combined reading of

the definitions of ‘electronic commerce’ and

‘electronic commerce operator’ as per Section 2(44)

and Section 2(45) of CGST Act, along with Rule 46(f)

of CGST Rules, leads to an understanding that all

services supplied to unregistered recipients over

digital or electronic network, either by the supplier

using his own digital or electronic facility/platform

or through any other electronic or digital platform

owned and operated by an independent electronic

commerce operator, will be covered under proviso

to Rule 46(f) of CGST Rules.

4.5.1 It is, accordingly, clarified that provisions or

proviso to Rule 46(f) of CGST Rules shall be

applicable in respect of all the online supplies of

services supplied to an unregistered recipient, in

addition to the supply of online money gaming and

OIDAR services. Some of the examples of such

services are subscription of e-newspapers and

e-magazines, online subscription of entertainment

services (e.g. OTT platforms), online Telecom

services, digital services through mobile

applications etc. Therefore, in respect of supply of

any such online digital services, OIDAR services

and online money gaming to unregistered

recipients, the suppliers are mandatorily required

to record the name of the State of the recipient on

the tax invoice, irrespective of the value of supply

of such services, and to declare place of supply of

the said services as the location of the recipient

(based on the name of State of the recipient) in their

details of outward supplies in FORM GSTR-1/1A.

4.5.2 For the purpose of recording the name of

the State of the recipient on tax invoice in respect

of such supplies made to unregistered persons for

such online services, supplier should devise suitable

mechanism to ensure collection of such details from

unregistered recipient before making any supplies

to him. As mentioned above, in such cases, the name

of the State of the recipient so recorded shall be

deemed to be the address of recipient available on

record and thus, for determining place of supply of

the said services, provisions of Section 12(2)(b)(i) of

IGST Act will be applicable as per which the place

of supply shall be the location of the recipient.

4.5.3 It is also mentioned that if the supplier fails

to issue invoice in accordance with the said

provisions by not recording correct mandatory

particulars, including recording of name of State of

unregistered recipient in respect of such supplies,

he may be liable to penal action under the

provisions of Section 122(3)(e) of CGST Act.

5. It is requested that suitable trade notices may

be issued to publicize the contents of this Circular.

6. Difficulty, if any, in the implementation of this

circular may be brought to the notice of the Board.

Hindi version would follow.

(Sanjay Mangal) Principal Commissioner (GST).

————

No. CCT/26-4/2024-25/G/4351

Subject:

Clarification on various issues pertaining

to GST treatment of vouchers-reg.

Ref: Circular No. 243/37/2024-GST dated 31st

December, 2024 issued under Central Goods

and Services Tax Act, 2017 by the GST Policy

Wing, Central Board of Indirect Taxes and

Customs, Department of Revenue, Ministry of

Finance, Government of India, New Delhi.

Circular

(No. 35/2024-25-GST)

The GST Policy Wing, Central Board of Indirect

Taxes & Customs, Department of Revenue, Ministry

of Finance, Government of India, New Delhi has

issued the above referred Circular.

For the uniformity in implementation and in

exercise of the powers conferred under Section 168

of the Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017) it is hereby directed that the said

Circular issued by the GST Policy Wing, Central

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Board of Indirect Taxes and Customs, Department of

Revenue, Ministry of Finance, Government of India

shall be applicable, mutatis mutandis, in

implementation of the Goa Goods and Services Tax

Act, 2017 (Goa Act 4 of 2017).

A copy of the above referred circular is attached

herewith as Annexure.

Difficulty, if any, in implementation of this circular

may please be brought to the notice of the

undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Commissioner of State

Taxes, Goa.

Panaji, 13th January, 2025.

——

ANNEXURE

Circular No. 243/37/2024-GST

F. No. CBIC-20001/14/2024-GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

North Block, New Delhi, dated the 31st

December, 2024

To,

The Principal Chief Commissioners/ Chief

Commissioners of Central Tax (All).

The Principal Directors General/Directors

General (All).

Madam/Sir,

Subject: Clarification on various issues pertaining

to GST treatment of vouchers- reg.

References have been received from the trade

and industry as well as the field formations seeking

clarity on various issues with respect to vouchers

such as whether transactions in voucher are a

supply of goods and/or services, whether GST is

leviable on trading of vouchers by distributor/sub-

-distributor and whether unredeemed vouchers

(breakage) are taxable. It has been represented that

the field formations are taking different views on

these issues leading to ambiguity and litigations.

2. Accordingly, in view of the difficulties being

faced by the trade and industry and to ensure

uniformity in the implementation of the provisions

of the law across field formations, the Board, in

exercise of its powers conferred by Section 168 (1)

of the Central Goods and Services Tax Act, 2017

(hereinafter referred to as “CGST Act”), hereby

clarifies the issues, as below.

3. Issue 1-Whether “transactions in vouchers”

falls under the category of supply of goods and/or

services?

3.1 The relevant legal provisions of CGST Act,

2017 are as under:

(i) Section 2(52)— “goods” means every kind of

movable property other than money and securities

but includes actionable claim, growing crops, grass

and things attached to or forming part of the land

which are agreed to be severed before supply or

under a contract of supply.

(ii) Section 2(102)— “services” means anything

other than goods, money and securities but includes

activities relating to the use of money or its

conversion by cash or by any other mode, from one

form, currency or denomination to another form,

currency or denomination for which a separate

consideration is charged.

Explanation.— For the removal of doubts, it is

hereby clarified that the expression “services”

includes facilitating or arranging transactions in

securities.

(iii) Section 2(118)– “voucher” means an

instrument where there is an obligation to accept it

as consideration or part consideration for a supply of

goods or services or both and where the goods or

services or both to be supplied or the identities of

their potential suppliers are either indicated on the

instrument itself or in related documentation,

including the terms and conditions of use of such

instrument.

(iv) Section 2(75)— “money” means the Indian

legal tender or any foreign currency, cheque,

promissory note, bill of exchange, letter of credit,

draft, pay order, traveller cheque, money order, postal

or electronic remittance or any other instrument

recognized by the Reserve Bank of India when used

as a consideration to settle an obligation or exchange

with Indian legal tender of another denomination

but shall not include any currency that is held for its

numismatic value.

(v) Section 2(1)— “actionable claim” shall have the

same meaning as assigned to it in Section 3 of the

Transfer of Property Act, 1882 (4 of 1882).

Section 3 of the Transfer of Property Act, 1882

provides the definition of “actionable claim” as

below:-

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“actionable claim” means a claim to any debt’ other

than a debt secured by mortgage of immovable

property or by hypothecation or pledge of movable

property, or to any beneficial interest in movable

property not in the possession, either actual or

constructive, of the claimant, which the Civil Courts

recognize as affording grounds for relief, whether

such debt or beneficial interest be existent, accruing,

conditional or contingent;”

(vi) Section 2(102A)— “specified actionable claim”

means the actionable claim involved in or by way

of— (i) betting; (ii) casinos; (iii) gambling; (iv) horse

racing; (v) lottery; or (vi) online money gaming”.

(vii) Section 7—

“…

(2)— Notwithstanding anything contained in sub-

-section (1),

(a) activities or transactions specified in Schedule III;;

or

…

shall be treated neither as a supply of goods nor

a supply of services.”

(viii) Schedule III to the CGST Act deals with

“Activities or Transactions which shall be treated

neither as a supply of Goods nor a supply of services:

…

6. Actionable claims, other than specified

actionable claims.

…

3.2 From the definition of voucher under Section 2(118)

of CGST Act, it emerges that

“voucher” may be in nature of payment

instrument which creates an obligation on the

supplier to accept it as a consideration or part

consideration for the supply of goods and/or

services. The issuance of payment instruments,

including pre-paid instruments, in India is regulated

by Reserve Bank of India (RBI) in terms of the

Payment and Settlement Act, 2007, RBI’s Master

Directions and the relevant Notifications/Circulars/

Communications issued by the RBI from time to time.

3.3 Pre-paid Instruments (PPIs) as defined by RBI

are payment instruments that facilitate purchase of

goods and/or services against the value stored on

such instruments. The value stored on such

instruments represents the value paid for by the

holder, by cash, by debit to a bank account, or by

credit card. The pre-paid instruments can be issued

as cards, wallets and in any such form/instrument

which can be used to access the PPI and to use the

amount therein. Further, as per Section 2(75) of CGST

Act, “money” includes an instrument recognized

by the Reserve Bank of India which is used as a

consideration to settle an obligation.

3.4 On combined reading of the definition of

“voucher” as per Section 2(118) of the CGST Act,

along with definition of “money” as per Section 2(75) of

the CGST Act and the description of “pre-paid

instruments” given by RBI, it emerges that where

the voucher is covered as a pre-paid instrument

recognized by the RBI and is used as a consideration

to settle an obligation, then in such cases, the

voucher will fall under the definition of “money”. In

such a case, as “money” is excluded from the

definition of goods and services as provided in

Section 2(52) and Section 2(102) of the CGST Act

respectively, the transactions in voucher would be

considered neither as a supply of goods nor as a

supply of services.

3.5. In cases, where voucher is not covered as a

pre-paid instrument recognized by RBI and hence,

cannot be treated as money, the voucher will be in

nature of an obligation on the supplier to receive it

as consideration or part consideration and assure

the beneficiary/voucher holder to claim certain

goods and/or services as specified on the voucher

or in the related documents. In such cases, the

voucher can be considered as an “actionable claim”

within the meaning of Section 2(1) of the CGST Act,

read with Section 3 of the Transfer of Property Act,

1882.

3.6 Further, as per entry 6 of Schedule III of CGST

Act, an activity or transactions of actionable claims,

other than specified actionable claims, is to be

treated neither as a “supply of goods” nor as a

“supply of services”. Further as per Section 2(102A)

of CGST Act, specified actionable claim means the

actionable claim involved in or by way of betting,

casinos, gambling, horse racing, lottery or online

money gaming. As vouchers are not covered under

definition of specified actionable claim, it appears

that they are covered in entry 6 of Schedule III of

CGST Act as actionable claims, other than specified

actionable claims. Therefore, it appears that even in

such a case, transaction in vouchers would be

treated neither as a “supply of goods” nor as a

“supply of services”.

3.7 Therefore, it is clarified that irrespective of

whether voucher is covered as a pre-paid

instrument recognized by RBI or not, the voucher is

just an instrument which creates an obligation on

the supplier to accept it as consideration or part

consideration and the transactions in voucher

themselves cannot be considered either as a supply

of goods or as a supply of services. However supply

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of underlying goods and/or services, for which

vouchers are used as consideration or part

consideration, may be taxable under GST.

Issue 2– What would be the GST treatment of

transactions in Vouchers by distributors/sub-

-distributors/agents etc.?

4.1 There are primarily two models for

distribution of vouchers through distributors/sub-

-distributors/agents, etc.

(i) Where vouchers are distributed through the

distributors/sub-distributors/dealers on Principal-

-to-Principal (P2P) basis.

(ii) Where vouchers are distributed using agents/

distributors/sub-distributors on commission/fee

basis.

4.2 Where vouchers are distributed through the

distributors/sub-distributors/dealers on Principal-

to-Principal(P2P) basis: In such cases, the

distributor/dealer purchases voucher from the

voucher issuer typically at a discounted rate and

subsequently sells the same to the sub-distributors,

corporates or end customers and generate revenue

through a trading margin, which is a difference

between the acquisition cost and the selling price

of the vouchers by the said distributor/dealer. In

such cases, distributors/dealers (including sub-

-distributors) own the vouchers and operate

autonomously with full control over the process from

purchase to the final sale of the vouchers to the end

user.

4.2.1 As per Section 9 (1) of CGST Act, GST is

chargeable on the supply of goods and/or services.

As the transaction in vouchers is neither supply of

goods nor supply of services, therefore, pure trading

of vouchers in this case would not constitute either

supply of goods or supply of services. Accordingly,

such trading of vouchers would not be leviable to

GST as per Section 9 (1) of CGST Act.

4.3 Where vouchers are distributed using

distributors/sub-distributors/agents on commission/

fee basis: In such cases, the transactions between

the voucher issuer and the distributors/sub-

-distributors/agents are on principal-agency basis.

These arrangements, as per contract/agreement

between distributor/sub-distributor/agents and the

voucher issuer may specify a set of obligations on

such agents such as marketing & promotion and

other related support activities for distribution of

vouchers against a commission/fee or any other

amount by whatever name called, for such purpose.

In such cases, distributors/sub-distributors/agents

do not operate autonomously, do not own the

vouchers and only act as agent of the voucher issuer.

In such cases, GST would be payable by such

distributor/sub-distributor/agent, acting as an

agent of the voucher issuer, on the commission/fee

or any other amount by whatever name called, for

such purpose, as a supply of services to the voucher

issuer.

Issue 3— What would be GST treatment of

additional services such as advertisement,

co-branding, marketing & promotion, customization

services, technology support services, customer

support services etc.

5.1 There may be cases where additional services

such as advertisement, co-branding, customization

services, technology support services, customer

support services, etc. are provided by either the

distributor/sub-distributor or by another person to

the voucher issuer against a service fee/service

charge/affiliate charge or any other amount, by

whatever name called, as per contract/agreement

between such service provider and the service

recipient (voucher issuer). In such a case, the said

service fee/service charge/affiliate charge or other

amount for supply of such additional services to

the voucher issuer as per the terms of contract/

/agreement, would be liable to GST at the

applicable rate in the hands of the said service

provider.

Issue 4— What would be the GST treatment of

unredeemed vouchers (breakage).

6.1 Sometimes, vouchers remain unused/

/unredeemed at the end of their expiry period. In

such cases, the businesses generally make book

adjustments and account the said amount on

account of unredeemed vouchers in their statement

of income. The value of such unredeemed vouchers

accounted for in the statement of income is called

breakage. There are ambiguities and doubts in

respect of GST treatment of such breakage. Also,

doubts are raised whether the amount attributed to

the unredeemed voucher (breakage) can be

considered as “monetary value of any act or

forbearance, ill respect of, in response to, or for the

inducement of the supply of goods or services or

both, whether by the recipient or by any other person”.

6.2 As per Section 9 (1) of the CGST Act, GST is

leviable only on the supply of goods and/or services.

In the case of breakage, there is no redemption of

voucher and there is no supply of underlying goods

and/or services. Therefore, there is no supply of

goods and/or services on account of such

unredeemed

vouchers

(breakage).

Also,

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“consideration” under GST is defined under Section 2 (31)

of CGST Act, in relation to the supply of goods or

services or both. As there is no underlying supply

of goods and/or services in case of non-redemption

of vouchers by the customer, the amount retained

for unredeemed vouchers by the voucher issuer

cannot be construed as consideration for any

supply. Accordingly, such amount attributable to

unredeemed vouchers (breakage) would not be

taxable as per the provisions of Section 9(1) of CGST

Act.

6.3 Further, Circular No. 178/10/2022-GST dated

03-08-2022 clarifies that agreement to do or refrain

from an act should not be presumed to exist, and

that there must be an express or implied agreement,

oral or written, to do or abstain from doing

something against payment of consideration, for a

taxable supply to exist. Considering the principle

laid out in the said circular, it emerges that where

the voucher is issued for the purpose or redemption

in respect of a supply of goods and/or services and

there is no express or implied agreement, oral or

written, between the issuer of voucher and

redeemer for payment of any amount or charges by

the redeemer to the voucher issuer in case of non-

redemption of the voucher, it cannot be considered

that non-redemption of voucher by the redeemer

tantamounts to supply of services. Therefore, it

appears that the amount attributable to non-

redemption of voucher (breakage) would not

constitute as a “monetary value of any act or

forbearance, in respect of, in response to, or for the

inducement of, the supply of goods or services or

both, whether by the recipient or by any other

person”. Therefore, no GST appears to be payable

on such amount attributable to non-redemption of

voucher (breakage).

7. It is requested that suitable trade notices may

be issued to publicize the contents of this Circular.

8. Difficulty, if any, in the implementation of this

Circular may be brought to the notice of the Board.

Hindi version will follow.

(Sanjay Mangal) Principal Commissioner (GST).

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