Briefly examine the place of supply in the following independent cases. (a) Ms. Shanti (unregistered resident of Gujarat) went to meet her parents…
CA Intermediate · Taxation · RTP · January 2025
Briefly examine the place of supply in the following independent cases. (a) Ms. Shanti (unregistered resident of Gujarat) went to meet her parents at the native place Patna, Bihar and buys a medical insurance policy for her parents from an insurance company – MNT Insurers– of Patna (registered in Bihar). The location of the recipient of services in the records of the MNT Insurers is Patna. (b) Lakhan Singh Transports Pvt. Ltd., a Goods Transportation Agency registered in Noida, Uttar Pradesh, is hired by Ram Trade Links (registered supplier in New Delhi) to transport its consignment of goods from its warehouse in Delhi to the house of a buyer located in Roorkee, Uttar Pradesh. (c) Mr. Karan (Mumbai) takes a post-paid mobile connection in Mumbai from the service provider Freesia Ltd. and gives his residence address at Mumbai as the address for billing with the said company.
Suggested Answer and Working Notes:
(a) The place of supply of insurance services provided to a person other than a registered person, be the location of the recipient of services on the records of the supplier of services. Thus, in the given case, the place of supply is the location of the recipient of services in the records of the supplier, i.e. Patna. (b) The place of supply of services by way of transportation of goods, including by mail or courier to a registered person, is the location of such person. Thus, in the given case, the recipient being registered, the place of supply is the location of recipient, i.e. New Delhi. (c) The place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person in case of mobile connection for telecommunication and internet services provided on post-paid basis, be the location of billing address of the recipient of services on the record of the supplier of services. Thus, in the given case, the place of supply is the location of billing address of the recipient, i.e. Mumbai.
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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