Question3:
GST is Destination based consumption tax, However if we find Place of supply
rules related to goods then it says place of supply of goods shall be the
location of the goods at the time at which the movement of goods terminates for
delivery to the recipient. As per this rule for example if someone sold goods
from Rajasthan for delivery to Delhi the place of supply of same is Rajasthan as
the law said goods location at the time of movement of goods Terminates for
delivery to recipient.So logically incorrect destination based consumption tax.
Answer:
From the reading of your question it appears that agent of buyer has come to
Delhi from Rajasthan to take over consignment from the supplier. This is a case
where, instead of supplier arranging transportation of consignment, the buyer
has arranged transportation of goods on his own. In such a situation though
goods are handed over to the agent of buyer at Delhi but ultimately supply of
goods would be completed when the same reaches Rajasthan. Place of supply of
goods or services is determined according to Section 10 of IGST Act, 2017.
Section 10(1)(a) of the said Act says that where the supply involves movement of
goods, whether by the supplier or the recipient or by any other person, the
place of supply of such goods shall be the location of the goods at the time at
which the movement of goods terminates for delivery to the recipient. In your
case, the recipient being in Rajasthan, ultimately goods would be handed over to
him in Rajasthan, accordingly, place of supply would be Rajasthan and not Delhi
where the agent of recipient takes over the goods for transportation and finally
handing over to recipient in Rajasthan.
(Reply dt. 04/10/2017)