EXAMPLE-99
A
principal in Delhi procures an order from an agent in Mumbai for supply of goods
to the recipient in Kolkata. Agent directs the principal to directly deliver the
goods to the recipient with invoice. As documents of title of goods also
transferred with goods by principal to agent and Agent is paid only commission
for this work. Determine the Place
of supply in this transaction.
Answer
As per section
10(1)(b) of IGST Act, where the goods are delivered by the supplier to a
recipient or any other person on the direction of a third person, whether acting
as an agent or otherwise, before or during movement of goods, either by way of
transfer of documents of title to the goods or otherwise, it shall be deemed
that the said third person has received the goods and the place of supply of
such goods shall be the principal place of business of such person.
In view of the above provision as supply is done on the
direction of agent, the first place of supply will be the principal place of
agent and second place of supply will be the place of recipient.