CA Intermediate · Taxation · Place of Supply
Anita Constructions, a registered person in Pune (Maharashtra), supplies goods to Mehta Enterprises, Nagpur (Maharashtra). Mehta Enterprises directs Anita to hand over the goods to a third person, Kumar Hardware, Bhopal (Madhya Pradesh), who receives them on Mehta's behalf, and the goods are billed to Mehta. What is the place of supply?
The place of supply is Nagpur, Maharashtra. When the supplier delivers goods to another person on the direction of a third person, the third person is deemed to have received the goods. So the place of supply is that third person's principal place of business, not the actual delivery point in Bhopal.
- ABhopal, Madhya Pradesh, being the place of delivery
- BPune, Maharashtra, being the location of the supplier
- CNagpur, Maharashtra, being the principal place of business of Mehta EnterprisesCorrect
- DPlace decided by the supplier's choice
Explanation
Where goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as agent or otherwise, before or during movement, it is deemed that the third person (Mehta) received the goods. The place of supply is therefore the principal place of business of the third person, i.e. Nagpur. Taking Bhopal as the destination ignores this deeming rule.
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