Value of Supply
Every financial statute makes provision for the determination of value as tax which is
normally payable on ad-valorem basis. In GST also, tax is payable on ad-valorem
basis i.e percentage of value of the supply of goods or services.
overview value of supply
Transaction Value
Under GST law, taxable value is the transaction value i.e.
price actually paid or payable, provided the supplier & the recipient are
not related, and price is the sole consideration. In most of the cases of
regular normal trade, the invoice value will be the taxable value.
However, to determine
value of certain specific transactions, Determination of Value of Supply rules
have been prescribed in CGST Rules, 2017. we are disused some in this post and
some of in the next post.
Compulsory Inclusions
Any taxes, fees, charges levied under any law other than GST
law, expenses incurred by the recipient on behalf of the supplier, incidental
expenses like commission & packing incurred by the supplier, interest or
late fees or penalty for delayed payment and direct subsidies (except
government subsidies) are required to be added to the price (if not already
added) to arrive at the taxable value.
Value of supply of goods or services where the consideration is not
wholly in money.-
Where the supply of goods or services is for a consideration
not wholly in money, the value of the supply shall,-
(a)
To be equivalent to the open market price of
such supply
(b) If the open market value is not available under clause
(a), be the sum total of consideration in money and any such further amount in
money as is equivalent to the consideration not in money, if such amount is
known at the time of supply;
(c) If the value of
supply is not determinable under clause (a) or clause (b), be the value of
supply of goods or services or both of like kind and quality;
(d) If the value is not determinable under clause (a) or
clause (b) or clause (c), be the sum total of consideration in money and such
further amount in money that is equivalent to consideration not in money as
determined by the application of rule 30 or rule 31 in that order.
Illustration: (1) Where
a new phone is supplied for Rs. 20000/- along with the exchange of an old phone
and if the price of the new phone without exchange is Rs.24000/-, the open
market value of the new phone is Rs 24000/-.
Value of supply of goods or
services or both between distinct or related persons, other than through an
agent.-
The value of the supply of goods or services or both between
distinct persons as specified in sub-section (4) and (5) of section 25 or where
the supplier and recipient are related, other than where the supply is made
through an agent, shall-
(a) Be the open market value of such supply;
(b) If the open market value is not available, be the value
of supply of goods or services of like kind and quality;
(c) If the value is not determinable under clause (a) or
(b), be the value as determined by the application of rule 30 or rule 31, in
that order:
Where the goods are intended for further supply as such by
the recipient, the value shall, at the option of the supplier, be an amount equivalent to ninety percent
of the price charged for the supply of goods of like kind and quality by
the recipient to his customer not being a related person:
Provided further that where the recipient is eligible for
full input tax credit, the value declared in the invoice shall be deemed to be
the open market value of the goods or services. 16
Value of supply of goods made or received through an agent.-
The value of supply of goods between the principal and his agent shall- (a) Be the open market value of the goods being
supplied, or at the option of the supplier, be ninety per cent. Of the price
charged for the supply of goods of like kind and quality by the recipient to
his customer not being a related person, where the goods are intended for
further supply by the said recipient.
(b) Where the value of a supply is not
determinable under clause (a), the same shall be determined by the application
of rule 30 or rule 31 in that order.
Value of supply of goods or
services or both based on cost.-(Rule 30)
Where the value of a supply of goods or services or both is
not determinable by any of the rule mention above than the value of the goods
or service cost of the product or manufacture or the cost of acquisition of
such goods or the cost of provision of such services.
Residual method for determination
of value of supply of goods or services or both. - (Rule 31)
Where the value of supply of goods or services or both
cannot be determined under rules 27 to 30, the same shall be determined using
reasonable means consistent with the principles and the general provisions of
section 15 and the provisions of this Chapter:
Where the case of supply of services than the supplier it is
better to opt for this rule, ignoring rule 30
Open Market Value means the full value of money excluding taxes under GST laws, payable by a person to obtain such supply at the time when supply being valued is made, provided such supply is between unrelated persons and price is the sole consideration for such supply.
Open Market Value means the full value of money excluding taxes under GST laws, payable by a person to obtain such supply at the time when supply being valued is made, provided such supply is between unrelated persons and price is the sole consideration for such supply.
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