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? 

Replies (58)
Quick Summary
This discussion explores the Place of Supply (POS) for paintings sold by a Delhi-based seller to a Maharashtra-based buyer, where the buyer collects the paintings in Delhi. Opinions vary, with some arguing POS is Delhi (where delivery terminates) and others favouring Maharashtra (the buyer's billing address and destination). Key considerations include whether the buyer is registered, the interpretation of 'delivery' under GST law versus the Sale of Goods Act, and the implications for IGST versus CGST/SGST. The consensus leans towards Maharashtra being the POS, especially if an e-way bill with a Maharashtra state code is generated, indicating an inter-state supply attracting IGST.

In this case, POS would be Delhi.
It will be Delhi
POS will be Delhi

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

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

Pos will be mumbai

Sir its confusing pls elaborate!

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

No he is unregistered

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

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

@ 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.

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

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

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