Value of Supply
Every fiscal statue 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. Section 15 of the CGST Act and Determination of Value of Supply, CGST
Rules, 2017 contain - provisions related to valuation of supply of goods or
services made in different circumstances and to different persons.
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.
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.
Exclusion of discounts
Discounts like trade
discount, quantity discount etc. are part of the normal trade and commerce.
Therefore, pre-supply discounts i.e. discounts recorded in the invoice have
been allowed to be excluded while determining the taxable value.
Discounts provided
after the supply can also be excluded while determining the taxable value,
provided two conditions are met, namely:
discount is established
in terms of a pre supply agreement between the supplier & the recipient and
such discount is linked to relevant invoices input tax credit attributable to
the discounts is reversed by the recipient.
Taxable value when consideration is not solely in money
In some cases, where
consideration for a supply is not solely in money, taxable value has to be
determined as - prescribed in the rules. In such cases following values have to
be taken sequentially to determine the taxable value:
i. Open Market Value
of such supply
ii.Total money value
of the supply i.e. monetary consideration plus money value of the non-monetary
consideration
iii.Value of supply
of like kind and quality
iv.Value of supply
based on cost i.e. cost of supply plus 10% mark-up
v.Value of supply
determined by using reasonable means consistent with principles & general
provisions of GST law. (Best Judgement method)
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.
Supply of like kind & quality means any other
supply made under similar circumstances, is same or closely resembles in
respect of characteristics, quality, quantity, functionality, reputation to the
supply being valued.
Illustration:
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/-.
Where a laptop is
supplied for Rs. 40000/- along with a barter of printer that is manufactured by
the recipient and the value of the printer known at the time of supply is Rs.
4000/- but the open market value of the laptop is not known, the value of the
supply of laptop is Rs. 44000/-.
Value of supply between distinct and related persons (excluding
Agents)
A person who is under influence of another person is called a
related person like members of the same family or subsidiaries of a group
company etc. Under GST law various categories of related persons have been
specified and as relation may influence the price between two related persons
therefore special valuation rule has been framed to arrive at the taxable value
of transactions between related persons. In such cases following values have to
be taken sequentially to determine the taxable value: -
i.Open Market Value
ii.Value of supply of like kind and quality.
iii.Value of supply based on cost i.e. cost of supply plus 10%
mark-up.
iv.Value of supply determined by using reasonable means
consistent with principles & general provisions of GST law. (Best Judgement
method)
However if the recipient is eligible for full input tax credit,
the invoice value will be accepted as taxable value. It has also been provided
that where the goods being supplied are intended for further supply as such be
the recipient, the value shall , at the option of the supplier, be an amount
equivalent to 90% of the price charged for the supply of goods of like kind and
quality by the recipient to his unrelated customer.
Value of supply of goods made or received through an agent
(a)Open
market value of goods being supplied, or, at the option of the supplier, 90% of
the price charged for the supply of goods of like kind and quality by the
recipient to his unrelated customer.
Illustration:
Where a
principal supplies groundnut to his agent and the agent is supplying groundnuts
of like kind and quality in subsequent supplies at a price of Rs. 5000/- per
quintal on the day of supply. Another independent supplier is supplying
groundnuts of like kind and quality to the said agent at the price of Rs.
4550/- per quintal. The value of the supply made by the principal shall be Rs.
4550/- per quintal or where he exercises the option the value shall be 90% of
the Rs. 5000/- i.e. is Rs. 4500/- per quintal.
(b)In
case value cannot be determined under (a) then following values have to be
taken sequentially to determine the taxable value:
i.Value
of supply based on cost i.e. cost of supply plus 10% mark-up
ii.Value
of supply determined by using reasonable means consistent with principles &
general provisions of GST law. (Best Judgement method)
Value of supply of services in case of a Pure Agent
Subject to
fulfilment of certain conditions, the expenditure and costs incurred by the
supplier as a pure agent of the recipient of supply of service, has to be
excluded from the value of supply.
Illustration
Corporate services
firm A is engaged to handle the legal work pertaining to the incorporation of
Company B. Other than its service fees, A also recovers from B, Registration
fee and Approval fee for the name of the company paid to Registrar of the
Companies. The fees charged by the Registrar of the companies registration and
approval of the name are compulsorily levied on B. A is merely acting as a pure
agent in the payment of those fees. Therefore, A’s recovery of such expenses is
a disbursement and not part of the value of supply made by A to B.
Methods to determine Taxable value of following five specific
supplies have also been prescribed under valuation Rules. These can be used by
the supplier if he so desires.
(a)Purchase or sale of foreign currency including money changing
(b)Booking of tickets for air travel by an air travel agent
(c)Life insurance business
(d)Value of supply of Second hand goods
(e)Value of redeemable vouchers/Stamps/Coupons/tokens
The special provisions related to determination of these
supplies
are as below:
Special provision related to determination of Value of service of
purchase or sale of foreign currency including money changing
Option-1
Case 1: Transaction where one of the currencies exchanged is Indian
Rupees
Taxable value is
difference between buying rate or selling rate of currency and RBI reference
rate for that currency at the time of exchange multiplied by total units of
foreign currency. However if RBI reference rate for a currency is not available
then taxable value is 1% of the gross amount of Indian Rupees provided/
received by the person changing the money.
Case 2: Transaction where neither of the currencies exchanged is
Indian Rupees
Taxable value will be 1% of the lesser of the two amounts the
person changing the money would have received by converting (at RBI reference
rate) any of the two currencies in Indian Rupees.
Option-2
The person supplying the service may also exercise the following
option to ascertain the taxable value, however, once opted then he cannot
withdraw it during the remaining part of the financial year:
-One percent of the gross amount of currency exchanged for an
amount upto one lakh rupees, subject to minimum amount of two hundred and fifty
rupees
-One thousand rupees and half of a percent of the gross amount
of currency exchanged for an amount exceeding one lakh rupees and up to ten
lakh rupees
-Five thousand rupees and one tenth of a percent of the gross
amount of currency exchanged for an amount exceeding ten lakhs rupees subject
to a maximum amount of sixty thousand rupees
Special provision related to determination of value of service
of booking of tickets for air travel by an air travel agent
Taxable value is 5% of basic fare in case of domestic travel and
10% of basic fare in case of international travel. Basic fare means that part
of the air fare on which commission is normally paid to the air travel agent by
the airline.
The expression ‘basic fare’ means that part of the air fare on
which
commission is normally paid to the air travel agent by the
airlines.
Special provision related to determination of value of service in
relation to life insurance business
Taxable value varies with nature of insurance policy. The
details are as follows:
Where policy has dual benefits of risk coverage and investment
– Taxable value is gross premium charged less amount allocated
for investments or savings if such allocation is intimated to the policy holder
at the time of collection of premium.
Single premium annuity policy where allocation for investments
and savings is not intimated to the policy holder
– taxable value is ten percent of the single premium charged
from the policy holder.
However, where insurance policy has benefit of risk coverage
only, then taxable value is entire premium charged from the policy holder.
Special provision related to determination of value of second
hand goods
The taxable value of supply of second hand goods i.e. used goods
as such or after such minor processing which does not change the nature of
goods shall be the difference between the purchase price and the selling price,
provided no input tax credit has been availed on purchase of such goods.
However, if the selling price is less than purchase price, that negative value
will be ignored.
Persons who purchase second hand goods after payment of tax to
supplier of such goods will be governed by this valuation rule only when they
do not avail input tax credit on such input supply. If input tax credit is
availed, then such supply will be governed by normal GST valuation.
Value of supply of goods repossessed from a defaulting borrower
If the defaulting borrower is not a registered person, the
purchase value will be purchase price in the hands of such borrower reduced by
five percentage points for every quarter or part thereof, between the date of
purchase and the date of disposal by the person making such repossession.
However, if the defaulting borrower is registered, the
repossessing lender agency will discharge GST at the supply value without any
reduction from actual/notional purchase value.
Special provisions related to determination of value of redeemable
vouchers/stamps/coupons/tokens
The value of a token, or a voucher, or a coupon, or a stamp
(other than postage stamp) which is redeemable against a supply of goods or
services or both shall be equal to the money value of the goods or services or
both redeemable against such token, voucher, coupon, or stamp.
Value of taxable services provided by a notified class of
service providers as referred to in Para 2 of Schedule 1 between the distinct
persons.
The taxable value is deemed to be Nil wherever input tax credit
is available.
Rate of exchange of currency, other than Indian rupees, for
determination of value.
The rate of exchange for determination of value of taxable goods
or services or both shall be the applicable RBI reference rate for that
currency on the date of time of supply as determined in terms of Section 12 or
Section 13 of the CGST Act.
Value of supply inclusive of Integrated tax, Central tax, State
tax, Union territory tax.
Where the value of supply is inclusive of GST, the tax amount
shall be determined in the following manner,
Tax amount = (Value inclusive of taxes x GST tax rate in %) /
(100 + sum of GST tax rates in %) For example:
If the value inclusive of tax is Rs. 100/- and applicable GST
tax rate is 18% then,
Tax amount = (100x18)/(100+18)= 1800/118=Rs. 15.25.
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