04/08/2026
🚨 *BIG GST ADVANCE RULING | FOREIGN COMMISSION, INTERMEDIARY SERVICES & OVERSEAS C&F CHARGES — 3 CRUCIAL ISSUES DECIDED! 💰*
📢 Tamil Nadu Authority for Advance Ruling has delivered an important ruling for Indian exporters dealing with foreign directors, overseas marketing agents and foreign clearing & forwarding agents. The applicant, a garment exporter, sought clarity on GST liability on three common cross-border payments. 🌎
🔴 1️⃣ Commission to Foreign Director — GST PAYABLE UNDER RCM! 💰
A foreign director based in Switzerland was to receive 15% of FOB value for marketing and sourcing export orders. The AAR held that the service qualifies as an “import of services” under Section 2(11) of the IGST Act because the supplier is outside India, recipient is in India and place of supply is India under Section 13(2). Accordingly, IGST is payable by the Indian company under Reverse Charge Mechanism pursuant to Notification No. 10/2017-Integrated Tax (Rate). 🇮🇳
🟢 2️⃣ Commission to Foreign Marketing Agents — NO GST UNDER RCM! 🌍
The foreign marketing agents merely source/facilitate export orders and receive commission of 20% of invoice value. The AAR classified them as “intermediaries” under Section 2(13) of the IGST Act. Since Section 13(8) makes the location of the intermediary the place of supply, the place of supply is outside India. Consequently, the service does not qualify as an “import of services” and GST under RCM is NOT payable on such foreign marketing commission. 💯
🔴 3️⃣ Foreign Clearing & Forwarding Charges — GST PAYABLE UNDER RCM! 📦
Where overseas C&F agents provide logistics services such as arrival handling, customs clearance and terminal handling on their own account, the AAR held that such services constitute import of services. Therefore, payments to foreign C&F agents are liable to GST under Reverse Charge Mechanism under Notification No. 10/2017-Integrated Tax (Rate). 🌐🚢
💡 *KEY TAKEAWAY:* Merely because a service is performed outside India does not automatically decide the GST liability. 🌍 The nature of the service, intermediary status, place-of-supply provisions and the “import of services” test under Section 2(11) of the IGST Act can completely change the RCM outcome. 📚
📌 Full Citation: In re Sampurnam Hosieries Impex Private Limited, Advance Ruling No. 43/ARA/2026, dated 04.05.2026, Authority for Advance Ruling, Tamil Nadu, order under Section 98(4) of the CGST Act, 2017 and TNGST Act, 2017. ⚖️📑