Section
Section 8 of IGST Act, 2017 i.e., Intra-State Supply
January 19, 2023
SECTION 8 OF IGST ACT,2017
Intra-State supply
1) Subject to the provisions of section 10,
supply of goods
where the location of the supplier and
the place of supply of goods
are in the same State or same Union territory
shall be treated as intra-State supply:
Provided that the following supply of goods
shall not be treated as intra-State supply,
namely: -
a) supply of goods to or by a Special Economic Zone developer
or a Special Economic Zone unit;
b) goods imported into the territory of India
till they cross the customs frontiers of India; or
c) supplies made to a tourist referred to in section 15.
2) Subject to the provisions of section 12,
supply of services
where the location of the supplier and
the place of supply of services
are in the same State or same Union territory
shall be treated as intra-State supply:
Provided that the intra-State supply of services
shall not include supply of services
to or by a Special Economic Zone developer or a Special Economic Zone unit.
Explanation 1.-For the purposes of this Act, where a person has –
(i) an establishment in India
and any other establishment outside India;
(ii) an establishment in a
State or Union territory and
any other establishment
outside that State or Union territory; or
(iii) an establishment in a
State or Union territory
and any other establishment registered
within that State or Union territory,
then such establishments shall be treated as establishments of distinct persons.
Explanation 2.-A person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory.
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CA Rahul Gupta
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