Sec 2(85) – Place of business

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Sec 2(85) – Place of business 2017-04-14T03:36:43+00:00
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    #1289 |

    “place of business” includes–
    (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or
    (b) a place where a taxable person maintains his books of account; or
    (c) a place where a taxable person is engaged in business through an agent, by whatever name called;

    Priya MadrechaPriya Madrecha
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    The inclusive nature of the definition indicates that the places or locations listed in the definition are illustrative and not exhaustive. From the three clauses of such illustrative locations, it can be seen that each clause makes a reference to ‘taxable person’. Therefore, place of business should be understood as a term that is specific to each taxable person, having (or requiring) distinct registrations. Say, in the case of a company having operations across 10 cities in two States, the set of cities being the places of business for one State would be mutually exclusive from that of the other.
    Below are other implications in relation to place of business:
    •    Registration of such places as additional place of business – although there is no explicit requirement under law to declare all places of business as additional places of business. This would facilitate transportation of goods between places of business, or from the job worker’s premises to any of the places of business, which can be supported with the delivery challan, the details of which would form part of Form Waybill;
    •    Maintenance of separate accounts in relation to each place of business such as details of production or manufacture of goods, inward and outward supply, stock records of goods, input tax credit availed, output tax payable and paid;
    •    Departmental audit can be carried out in respect of registered persons at any of its places of business; this apart, authorised officers can demand access to any such places to inspect books, documents, computers, etc.

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