Withdrawal of Circular on Information Technology Enabled Services, ab initio

  • Circular No. 107/26/2019-GST dt.18.07.2019 was issued to clarify doubts related to supply of Information Technology enabled Services (ITeS Services, such as back office operations, call centres services, payroll services etc.), that whether or not such services shall be considered as export. Circular clarified following situations: –
ScenarioFact of the caseClarification under circular
Scenario-IWhere supplier located in India supplies ITeS to overseas client or customer of his client on his own account.Supplier is Not an Intermediary, since the services are provided on his own account, not on behalf of client, even if supplier is considered as an agent.
Scenario-IIWhere supplier of backend services located in India arranges/facilitates supply by foreign client to customers of client, for example provisioning of services like, order placement, delivery, logistic support, govt. approvals, post-sale support etc.)Supplier is an Intermediary, since he is merely arranging or facilitating the supply of goods or services or both between two or more persons.
Scenario-III Both the services mentioned above are provided as a package.Shall Depend on Case to Case basis, by determining that which set of service is principle/main supply.
  • Numerous representations were received expressing apprehensions on the implications of the said Circular. Therefore, said circular has been withdrawn, ab-initio, vide Circular No. 127/46/2019 – GST