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vipul (none)     26 June 2021

Sale of paintings

I have one query.. If seller is in Delhi and selling paintings to a buyer in Maharashtra... Bt buyer came to delhi to pickup the paintings. So in this case place of supply would be Maharashtra Or delhi? 



 58 Replies

CMA Poornima Madhava

CMA Poornima Madhava (CMA)     26 June 2021

In this case, POS would be Delhi.
CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     26 June 2021

It will be Delhi
1 Like
Vasudevan C P

Vasudevan C P   26 June 2021

POS will be Delhi
vipul

vipul (none)     26 June 2021

Sir, but buyer has given me the address of Mumbai for billing.!!

CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     26 June 2021

POS depends on delivery. The delivery is ending in Delhi itself

2 Like
veerendar singh

veerendar singh (tax consultant)     26 June 2021

Pos will be mumbai
1 Like
vipul

vipul (none)     26 June 2021

Sir its confusing pls elaborate!

veerendar singh

veerendar singh (tax consultant)     26 June 2021

If he has given his gst number then take pos as mumbai
1 Like
vipul

vipul (none)     26 June 2021

No he is unregistered

CMA Poornima Madhava

CMA Poornima Madhava (CMA)     26 June 2021

Since the delivery of good is terminated (i.e. reached the recipient) in Delhi itself, POS is Delhi.

2 Like
Imthias ahamed Kormath

Imthias ahamed Kormath   26 June 2021

If buyer is third party,pos is Maharashtra,third party may use Maharashtra dealer invoice from Delhi.
CMA Poornima Madhava

CMA Poornima Madhava (CMA)     26 June 2021

@ Vipul

Further, since the buyer is unregistered, he would not be claiming ITC. So levying CGST/SGST is not going to be a problem for the buyer in this case.

1 Like
Imthias ahamed Kormath

Imthias ahamed Kormath   26 June 2021

So.third party use his invoice along with Maharashtra dealer from Delhi.cgst sgst can solve in this action.
1 Like
CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     26 June 2021

Whether he is registered or not, POS will fall in Delhi because delivery is getting terminated there.

1 Like

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