Value of Supply Under GST
Value of Supply Under GST
In GST, the value of supply refers to the transaction value or the price paid or payable for goods or services being supplied, which is used to calculate the tax liability. The value of supply is an essential concept as it determines the GST to be paid on a transaction.
The value of supply is defined under Section 15 of the CGST Act, and it encompasses the transaction value along with other considerations and elements.
Here's a detailed explanation of how the value of supply is determined under GST:
1. Basic Concept: Transaction Value
Transaction Value is the price actually paid or payable for the supply of goods or services.
It includes all amounts paid by the buyer to the supplier, whether directly or indirectly, in connection with the supply.
Formula: Value of Supply=Price paid for the goods/services
Example: If a customer buys a product for ₹1,000, and the price is ₹1,000, then the value of supply will be ₹1,000, and the GST will be calculated on this amount.
2. Components Included in the Value of Supply
Under Section 15(2) of the CGST Act, the following components are included in the value of supply:
a. Taxes, Duties, Cess, and Fees
Any taxes, duties, cesses, or fees (other than GST) charged separately by the supplier, such as excise duties, custom duties, or cesses, must be included in the value of supply.
Example:
If a supplier charges ₹500 for goods and adds a separate tax of ₹50 (say, a cess), the value of supply will be ₹550.
b. Incidental Expenses
Any additional charges such as packaging, handling, transportation, or delivery charges, that are incurred by the supplier for providing the goods or services, should be included in the transaction value.
Example:
If the price of a product is ₹2,000 and the delivery charge is ₹200, then the value of supply will be ₹2,200.
c. Discounts
Discounts provided before or at the time of supply are not included in the value of supply, provided the discount is genuine and not subject to any conditions.
Before Supply: If a supplier offers a discount in advance (such as a seasonal discount or a trade discount), it will be deducted from the transaction value.
At the Time of Supply: If a discount is given after the invoice is issued, it can be subtracted from the value if it meets the conditions.
Example:
If the price is ₹5,000 and a discount of ₹500 is provided before the transaction, the value of supply will be ₹4,500.
d. Consideration in Kind
If the payment for the goods or services is not made in money but in kind (goods or services), the value of supply will be determined based on the market value of the goods or services provided in exchange.
Example:
If a business gives goods worth ₹2,000 in exchange for services, the value of supply would be ₹2,000 (market value of the goods).
e. Interest, Late Fees, or Penalties
If a supplier charges interest, late fees, or penalties for delayed payments, these charges must also be included in the value of supply.
Example:
If a supplier sells a product for ₹10,000 and charges ₹500 as late payment interest, the value of supply will be ₹10,500.
f. Packaging Charges
Any charges for packaging, including disposable packaging and reusable packaging, must be added to the value of supply if the charges are separate.
Example:
If a product is sold for ₹2,000, and packaging charges are ₹50, the value of supply will be ₹2,050.
g. Other Charges Related to Supply
Any other charges that are paid by the recipient to the supplier for making the supply, such as commission or royalty, must be added to the value of supply.
Example:
If a product is priced at ₹1,000 and a commission of ₹100 is paid, the value of supply will be ₹1,100.
3. Components Excluded from the Value of Supply
Certain components are excluded from the value of supply, meaning they will not be subject to GST:
a. Reimbursement of Expenses
Any reimbursement of expenses incurred by the supplier on behalf of the customer, such as payment of third-party costs, should not be considered part of the supply value if the supplier acts as an agent and doesn't profit from the expense.
Example:
If a company reimburses ₹500 for postage charges, the ₹500 is not part of the value of supply as it is a reimbursement.
b. Pure Agent Expenses
Any amount paid by the supplier to a third party in the course of providing the supply, where the supplier acts only as an agent of the customer, and the amount is separately identifiable, will not be included in the value of supply.
Example:
If a supplier charges ₹10,000 for a product but arranges for a third-party service (e.g., shipping) for ₹1,000, the supplier can exclude the ₹1,000 from the value of supply if the conditions are met.
c. Discounts (Given Before or at the Time of Supply)
Discounts provided by the supplier before or at the time of supply are excluded from the value of supply, provided they are genuine and disclosed in the invoice.
Discounts provided after the time of supply (i.e., post-supply discounts) must be adjusted, and the value of supply will be recalculated accordingly.
Example:
If a product is priced at ₹5,000, and the supplier offers a trade discount of ₹500 before the sale, the value of supply will be ₹4,500.
d. Value of Goods Sent on Approval
If goods are sent on approval or “sale or return” basis (i.e., the buyer has the option to approve or return the goods), the value of supply is determined when the buyer accepts the goods.
Example:
If goods are sent for approval worth ₹10,000, but the buyer has 30 days to return them, the value of supply is only recognized when the buyer accepts the goods, not before
e. Subsidies and Grants
Subsidies provided by the government or any other organization to the supplier, provided they are not linked to the price of the goods or services, are excluded from the value of supply.
Example:
If the government provides a subsidy of ₹1,000 for the purchase of a product worth ₹10,000, the value of supply remains ₹10,000, not ₹9,000.
f. Sale of Goods in Liquidation
If goods are sold in a liquidation process, such as in the case of a business liquidation or company closure, the value of supply is determined differently, and the goods may be exempt from GST in some cases, depending on specific conditions.
4. Special Cases of Supply (For Certain Supplies)
In certain situations, special rules apply for determining the value of supply:
a. Related Party Transactions
In case the supply occurs between related parties (e.g., between a parent company and its subsidiary), the transaction value should be determined based on the market value if the relationship affects the price.
Example:
If a parent company sells goods to a subsidiary for ₹10,000 but the market price for those goods is ₹15,000, the value of supply will be ₹15,000.
b. Barter or Exchange
In cases of barter or exchange transactions, where goods or services are exchanged for other goods or services instead of money, the value of supply will be determined based on the market value of the goods or services exchanged.
Example:
If you exchange a product worth ₹2,000 with another product worth ₹2,000, the value of supply would be ₹2,000.
c. Goods Sold on Approval
For goods sold on approval (where the buyer has the option to approve or reject the goods), the value of the supply will be the actual price paid when the buyer accepts the goods, or the market value at the time of supply
5. Value of Supply in Case of Import and Export
For Imports: The value of supply for imported goods will include the customs duties, freight charges, and any additional taxes incurred to bring the goods into India.
For Exports: Exports are typically zero-rated under GST, which means the value of supply for exports is nil, and businesses can claim refunds on any taxes paid on inputs.
6. Valuation Rules Under GST
The GST Valuation (Determination of the Value of Supply) Rules, 2017 provide guidelines for determining the value of supply in various situations, including:
Rule 1: Value of supply is generally the transaction value.
Rule 2 to 6: Deals with specific scenarios like related party transactions, discounts, and barter transactions.
Rule 7 to 9: Addresses special cases like imports and exports.
The value of supply under GST is the foundation for determining the tax liability on a transaction. It includes the transaction value, which is the price paid or payable for goods or services, along with any additional charges, such as taxes, fees, and incidental costs. However, reimbursements, pure agent expenses, genuine discounts, and other specific transactions are excluded.
Understanding these inclusions and exclusions ensures proper GST compliance and helps businesses in accurate tax calculation