Section 8 of the IGST Act, 2017

From the IndiaAuditLens Law Library

GST›IGST Act, 2017

Parts of this section are overridden by Section 9; read it with that provision.

At a glance

IGST section 8 treats goods and services as intra-State where supplier location and place of supply are in the same State or Union territory, subject to the stated place rules and exclusions. Goods exclusions cover Special Economic Zones, imports before the customs frontier and specified tourist supplies. The service exclusion covers Special Economic Zones, and the Explanations define distinct establishments and territorial business presence.[1]

Sections 10 and 12 establish the places used in the goods and services comparisons. Section 9 overrides location comparisons through its territorial-water deeming. The Special Economic Zone exclusions align with section 7's inter-State treatment. The establishment Explanations apply for the Act and distinguish the same person's presences, including another registered establishment within the same State or Union territory.

IGST section 8 has been in force since 1 July 2017. The words "being a business vertical" were omitted from Explanation 1(iii) from 1 February 2019 by section 4 of the Integrated Goods and Services Tax (Amendment) Act, 2018. Notification No. 01/2019-Integrated Tax dated 29 January 2019 is identified for that change.

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 8, verbatim (show)

Section 8. 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:-

(i) supply of goods to or by a Special Economic Zone developer or a Special Economic Zone unit;

(ii) goods imported into the territory of India till they cross the customs frontiers of India; or (iii) 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 1[*****] 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.

1. Omitted "being a business vertical" by s. 4 of the Integrated Goods and Services Tax (Amendment) Act, 2018 (No. 32 of 2018) - Brought into force w.e.f. 01st February, 2019.

8(1) and provisoGoods and exclusions

shall be treated as intra-State supplySection 8(1) and proviso

Section 10 supplies the place compared with supplier location, with section 9's territorial-water deeming overriding where applicable. The proviso excludes goods to or by Special Economic Zones, imported goods before crossing the customs frontier and tourist supplies under section 15.

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8(2) and provisoServices and exclusion

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.Section 8(2) and proviso

Section 12 supplies the place compared with supplier location in the same State or Union territory. Section 9's overriding territorial-water deeming applies before the comparison. The Special Economic Zone exclusion qualifies the same-jurisdiction rule.

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8, Explanation 1(i) to (iii)Distinct establishments

such establishments shall be treated as establishments of distinct persons.Section 8, Explanation 1(i) to (iii)

The pairs are India and overseas, one State or Union territory and outside it, or another registered establishment within it. The same-jurisdiction limb uses registration under the stated framework.

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8, Explanation 2Territorial presence

shall be treated as having an establishment in that territory.Section 8, Explanation 2

The person must carry on business through a branch, agency or representational office there. That presence triggers the establishment deeming.

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Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Same person’s India and foreign establishments Explanation 1(i)

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Same person’s establishments outside a State or Union territory Explanation 1(ii)

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Another establishment registered within the same jurisdiction Explanation 1(iii)

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Business through a branch, agency or representational office Explanation 2

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Frequently asked questions

Are goods to a Special Economic Zone unit intra-State merely because locations match?

No. The goods proviso excludes supplies to or by the developer or unit from intra-State treatment.

Section 8(1), proviso

Does another registered establishment in the same State receive distinct treatment?

Yes. Explanation 1(iii) treats the specified establishments as those of distinct persons.

Section 8, Explanation 1

Does a branch create the stated territorial establishment?

A person carrying on business through that branch is treated as having an establishment in the territory.

Section 8, Explanation 2

Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 8 as footnoted in the CBIC text
NoteChange
1Omitted "being a business vertical" by s. 4 of the Integrated Goods and Services Tax (Amendment) Act, 2018 (No. 32 of 2018) - Brought into force w.e.f. 01st February, 2019.[2]
Provisions connected to Section 8
ProvisionConnectionWords that tie them
Section 2 of the CGST Act, 2017, Section 25 of the CGST Act, 20178 Explanation 1(iii) defined by Section 2 of the CGST Act, 2017, registered person; Section 25 of the CGST Act, 2017, registration; through IGST section 2(24), compiled and reviewedExplanation 1(iii) "registered within that State or Union territory"
Section 98 supplier and place location comparisons overridden by Section 9; apply territorial-water deeming firstIGST 9 "Notwithstanding anything contained in this Act"
Section 7 of the CGST Act, 2017, Section 8 of the CGST Act, 20178 defined by Section 7 of the CGST Act, 2017, supply; Section 8 of the CGST Act, 2017, composite/mixed supply classification8(1) "supply of goods"; 8(2) "supply of services"
Section 77 of the CGST Act, 2017Section 77 of the CGST Act, 2017 requires Section 8 classification evidence; subsequent holding remains a separate requirementCGST 77(2) "subsequently held to be an intra-State supply"
Section 7 of the CGST Act, 2017, Section 8 of the CGST Act, 2017, Section 9 of the CGST Act, 20178 supply classification read with Section 7 of the CGST Act, 2017; Section 8 of the CGST Act, 2017; Section 9 of the CGST Act, 20178(1) "intra-State supply"; 8(2) "supply of services"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (3)

NumberDateSubject
Circular No. 161/17/2021-GST20 September 2021Clarification relating to export of services-condition (v) of section 2(6) of the IGST Act 2017
Circular No. 78/52/2018-GST31 December 2018Clarification on export of services under GST
Circular No. 2/01/2017-IGST27 September 2017Clarification on supply of satellite launch services by ANTRIX Corporation Ltd.

Notifications (3)

NumberDateSubject
Notification No. 15/2018-Integrated Tax (Rate)26 July 2018Seeks to amend notification No. 9/2017- Integrated Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council in its 28th meeting held on 21.07.2018.
Notification No. 08/2017-Integrated Tax (Rate)28 June 2017To notify the rates for supply of services under IGST Act amended by a later instrument
Notification No. 09/2017-Integrated Tax (Rate)28 June 2017To notify the exemptions on supply of services under IGST Act rescinded by a later instrument

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 8. Intra-State supply". Integrated Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. The Integrated Goods and Services Tax (Amendment) Act, 2018. Cited in CBIC footnote 1.

External links