Determine the place of supply in each of the following independent circumstances: (i) Ms. Kavya, Delhi is a passenger travelling from Bengaluru to…

CA Intermediate · Taxation · RTP · September 2026
Determine the place of supply in each of the following independent circumstances: (i) Ms. Kavya, Delhi is a passenger travelling from Bengaluru to Hyderabad on board a SkyWing Airlines flight. During the journey, she opts to watch a Hollywood movie available as "movie on demand," an in-flight entertainment service for which a separate charge is collected by the airline from her. (ii) Mr. Bhushan, CFO of Zenith Exports Ltd. (a company registered under GST in Delhi) and a resident of Bhopal (Madhya Pradesh), approaches a branch of Trident Bank Ltd. located in Pune (Maharashtra) for obtaining a demand draft of ₹ 50,000 for payment of his son's admission fee. He does not maintain any account with Trident Bank Ltd. (iii) Orion Engineering Pvt. Ltd., Ahmedabad (Gujarat), had leased a packaging machine costing ₹ 10,00,000 to Vertex Foods Pvt. Ltd., Indore (Madhya Pradesh) for use in its manufacturing operations at a monthly rent of ₹ 40,000. After the expiry of 18 months, Vertex Foods Pvt. Ltd. requested Orion Engineering Pvt. Ltd. to sell the machine to it for ₹ 6,00,000, which was accepted by Orion Engineering Pvt. Ltd. The machine continued to remain at the premises of Vertex Foods Pvt. Ltd. in Indore throughout, and was sold on an "as is where is" basis, with no further movement of the machine at any point.

Suggested Answer and Working Notes:

8. (i) The place of supply of services on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, shall be the location of the first scheduled point of departure of that conveyance for the journey. In the given case, the in-flight "movie on demand" is a service supplied on board the aircraft. The first scheduled point of departure of the SkyWing Airlines flight is Bengaluru. Therefore, the place of supply is Bengaluru (Karnataka). (ii) The place of supply of banking and other financial services, including stock broking services, to any person shall be the location of the recipient on the records of the supplier. However, where the address of the recipient as per the records of the supplier of services is not available, the place of supply shall be the location of the supplier of services. In the given case, Mr. Bhushan does not maintain any account with Trident Bank Ltd., his address would not be available in the bank's records. Therefore, the place of supply is Pune (Maharashtra), being the location of the supplier of services. (iii) Where the supply does not involve movement of goods, whether by the supplier or the recipient, the place of supply of such goods shall be the location of the goods at the time of delivery to the recipient. In the given case, the packaging machine was already lying at the premises of Vertex Foods Pvt. Ltd. in Indore and was sold on an "as is where is" basis. Therefore, the place of supply is Indore (Madhya Pradesh), being the location of the machine at the time of delivery to the recipient.

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

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