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GST

Place of Supply

The rules that determine where a supply is deemed to occur, and therefore whether CGST/SGST or IGST applies.

The place of supply decides which state should receive the tax and, with the supplier’s location, whether a transaction is intra-state (CGST + SGST) or inter-state (IGST). For goods it is generally where the goods are delivered; for services there are specific rules by service type.

Determining the place of supply correctly is the single most common source of GST billing errors, because it is not always the customer’s billing address.

For services between two registered businesses, the default place of supply is the recipient's location, which is why B2B service invoices usually follow the customer's GSTIN state. The defaults give way to specific overrides: services relating to immovable property are taxed where the property stands, restaurant and catering services where they are performed, and admission to events at the venue. The override list, rather than the default, is what practitioners actually need to memorise.

Goods have their own wrinkle in the bill-to ship-to transaction. Suppose a Delhi seller is instructed by a Delhi buyer to deliver goods straight to the buyer's customer in Mumbai. The law deems the place of supply for the first leg to be the instructing buyer's location — Delhi — so the seller charges CGST and SGST even though the lorry crosses into Maharashtra. The buyer then makes a second, inter-state supply to the Mumbai customer with IGST.

Getting it wrong is expensive to unwind: tax paid under the wrong head must be paid again under the right one and the original payment recovered as a refund, and the destination state may separately press its claim. The classic stumbles are hotel bills — always taxed in the hotel's state, never the guest's — event registrations, and property-related services billed off the client's address. Sound billing systems derive the head from ship-to and supply-type logic, not from whichever address was typed first.

Common questions

What is the place of supply when goods are billed to one party but shipped to another?

The first leg is deemed supplied at the location of the party who ordered the delivery — the bill-to party — not where the goods physically land. That instructing party is then treated as making an onward supply to the actual recipient. Two supplies, two invoices, and each leg's tax head is judged on its own facts.

Why did my hotel in another state charge CGST and SGST instead of IGST?

Because accommodation is taxed where the property stands, the hotel correctly charges its own state's CGST and SGST regardless of where the guest is registered. The awkward consequence is that a business registered elsewhere receives a credit it cannot use, since another state's SGST cannot be set off — a known, structural cost of out-of-state hotel spend.

What is the place of supply for services to an overseas client?

Generally the recipient's location, which puts the supply outside India — and if the other conditions are met, including receiving payment in convertible foreign exchange or as otherwise permitted, it qualifies as a zero-rated export of services. Exceptions exist: performance-based and property-linked services take the place of performance or property, and can be taxable in India even for a foreign client.

Who is responsible for determining the place of supply on an invoice?

The supplier — they choose the tax head when raising the invoice and carry the consequences of a wrong call, including paying again under the correct head and pursuing a refund. Buyers have skin in the game too, since a wrong head can jeopardise their credit, which is why place of supply on large contracts is worth agreeing up front.

Put it into practice with LekhaPro

Offline-first GST accounting and billing for Indian businesses — correct GST by construction, real double-entry books and return filing in one place.