The Central Board of Indirect Taxes and Customs (CBIC), through its recent Circular No. 242/36/2024 dated 31.12.2024, has provided key clarifications regarding the place of supply of online services offered to unregistered recipients. Additionally, it mandates the compulsory inclusion of the recipient's state name on tax invoices for such supplies. Below is a concise explanation of the provisions and their implications, along with practical examples.
Key Provisions
1. Rule 46(f) of CGST Rules (Effective from 26.12.2022)
A tax invoice must include the state name of the recipient when:
- The service involves online money gaming.
- The service is provided through an electronic commerce operator (ECO) or by a supplier of OIDAR (Online Information and Database Access or Retrieval Services).
- The recipient is unregistered, and this applies irrespective of the value of supply.
The state name mentioned on the invoice will be treated as the recipient’s address on record.
2. Section 12(2) of IGST Act
For determining the place of supply of services:
- Registered Recipients: The place of supply is the recipient’s location.
- Unregistered Recipients:
- If an address on record exists, the place of supply is the recipient's state.
- Otherwise, it defaults to the supplier’s location.
Case Scenario of Applicability
Scenario 1: A supplier offers an online gaming subscription to an unregistered recipient via a digital platform. The supplier collects the recipient’s state name during registration and mentions it on the tax invoice. This state will be treated as the place of supply, ensuring compliance.
Scenario 2: An ECO facilitates a movie streaming service to unregistered recipients across multiple states. For each recipient, the state name must be included on the invoice. This ensures proper identification of the place of supply and avoids defaulting to the supplier's location.
Scenario 3: An OIDAR service, such as e-books or software, is provided to unregistered individuals. The supplier must have a mechanism to collect and record the recipient’s state name, which must appear on the invoice, irrespective of the supply value.
Practical Implications
1. Mandatory Mention of State Name
For services provided to unregistered recipients via digital platforms or ECOs, the state name of the recipient must be mentioned on the tax invoice. This rule applies regardless of the value of the supply and ensures that the state becomes the place of supply.
2. Penalties for Non-Compliance
Failure to issue tax invoices in accordance with these provisions can lead to significant penalties under Section 122(3)(e) of the CGST Act. Specifically:
- A penalty of up to ₹25,000 under CGST.
- A corresponding penalty of ₹25,000 under SGST.
This totals a maximum penalty of ₹50,000 per invoice for non-compliance.
Conclusion
The CBIC clarification underlines the importance of proper invoicing practices, particularly for services rendered to unregistered recipients via digital or electronic platforms. By adhering to these requirements and incorporating systems to collect the recipient’s state name, businesses can ensure compliance and avoid hefty penalties.