What is the place of supply for mobile connection? Can it be the location of supplier?

CA Intermediate · Taxation · MTP · January 2025
What is the place of supply for mobile connection? Can it be the location of supplier?

Suggested Answer and Working Notes:

The location of supplier of mobile services cannot be the place of supply as the mobile companies are providing services in multiple states and many of these services are inter-state. The consumption principle will be broken if the location of supplier is taken as place of supply and all the revenue may go to a few states where the suppliers are located. The place of supply for mobile connection would depend on whether the connection is on postpaid or prepaid basis. In case of postpaid connections, the place of supply is the location of billing address of the recipient of services on the record of supplier of services. In case of pre-paid connections, if the service is supplied:- (i) through a selling agent or a re-seller or a distributor of SIM card or re-charge voucher, the place of supply is the place address of the selling agent or re-seller or distributor as per the record of the supplier at the time of supply; or (ii) by any person to the final subscriber, the place of supply is the location where such prepayment is received or such vouchers are sold; (iii) in other cases, the place of supply is the address of the recipient as per the records of the supplier of services and where such address is not available, the place of supply shall be location of the supplier of services. However, if the recharge is done through internet/e-payment, the location of recipient of service on record of the supplier will be taken as the place of supply.

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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