Place of Provision of Services (PPS) Rules, 2012
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Place of Supply of Services (PSS) - Section 6 of the IGST Act
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Rule
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Provision
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Sub section
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Provision
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3
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This residuary rule will apply when no other rules apply. PPS would be the location of the service recipient
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(2)
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Except in circumstances specified in sub sections (4) to (15), if the service recipient is a registered person, the PSS would be the location of the service recipient.
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(3)
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Except in circumstances specified in sub sections (4) to (15), if the service recipient is a non registered person, the PSS would be
(i) the location of the service recipient if his address on record exists.
(ii) the location of the service provider in other cases.
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4
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Services which require physical presence of the goods / persons for provision of service - performance based services - PPS would be the place where the services are actually performed
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(5)
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PSS of restaurant and catering services, personal grooming, fitness, beauty treatment, health services including cosmetic and plastic surgery would be the location where the services are performed
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(6)
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Training and performance appraisal services provided
(i) to registered person - PSS would be the location of the service recipient.
(ii) to non registered person - PSS would be the place where the services are actually performed.
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5
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Services relating to immovable property - PPS would be the place where the immovable property is situated
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(4)
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Specified services relating to immovable property - PSS would be the place where the immovable property is located.
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6
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Services relating to admission to events - PPS would be the place where the event is held
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(7)
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Services relating to admission to events - PSS would be the place where the event is held.
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No similar provision available
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(8)
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Services relating to organising events,
(i) If provided to a registered person, PSS would be the location of the service recipient.
(ii) If provided to a non registered person PSS would be the place where the event is held
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7
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Specified services provided in more than one location - PPS would be the place where the greatest proportion of service is provided
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No similar provision available.
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8
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If both the service provider and service recipient are located in taxable territory - PPS would be the location of the service recipient
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No similar provision available.
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9 (a)
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Services provided by banking company, financial institution & NBFCs to account holders - PPS would be the location of the service provider
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(13)
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For banking and other financial services - PSS would be the location of the service recipient. If the service is not linked to the account of the recipient of service - PSS would be the location of the service provider
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9 (b)
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Online information and database access or retrieval services - PPS would be the location of the service provider
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No similar provision available.
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9 (c)
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“Intermediary services - PPS would be the location of the service provider
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No similar provision available.
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9 (d)
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Services by way of hiring of certain means of transport, upto one month - PPS would be the location of the service provider
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No similar provision available
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10
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Goods transportation services, except GTA service - PPS would be the place of destination of goods.
In case of GTA services - PPS would be the location of the person liable for payment of service tax.
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(9)
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Services by way of transportation of goods, including by mail or courier
(i) to a registered person - PSS would be the location of the service recipient.
(ii) to a non registered person - PSS would the place where the goods are handed over for transportation.
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11
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Passenger transportation services - PPS would be the place where the passenger embarks on the journey
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(10)
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Passenger transportation service,
(i) to a registered person - PSS would be the location of the service recipient.
(ii) to a non registered person - PSS would the place where the passenger embarks on the journey.
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12
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Services provided on board a conveyance - PPS would be the first scheduled point of departure.
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(11)
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Services provided on board a conveyance - PSS would be the first scheduled point of departure.
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13
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In order to prevent double taxation or non-taxation of the provision of a service, or for the uniform application of rules, the Central Government shall have the power to notify any description of service or circumstances in which the place of provision shall be the place of effective use and enjoyment of a service.
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No similar provision available.
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14
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Order of application of Rules - Later rule shall prevail
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No similar provision available.
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No similar provision available.
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(12)
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Telecommunication services
(i) For fixed line services - PSS would be the place where the equipments are installed.
(ii) For mobile based services - PSS would be the billing address of the service recipient.
(iii) Prepaid mobile services - PSS would be the place where the pre payment is received.
(iv) For online recharge for prepaid services - PSS would be the location of the service recipient
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No similar provision available
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(14)
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Insurance services provided to
(i) a registered person - PSS would be the location of the service recipient.
(ii) a non registered person - location of the service recipient as per the records of the service provider
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No similar provision available
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(15)
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Advertisement Services to Central Govt / State Govt, etc. - PSS would be determined on proportionate basis.
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