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Value of Supply
Value of Supply
University of Mumbai
PROJECT
ON
INDIRECT TAX (GST)
PROJECT REPORT
ON
VALUE OF SUPPLY
SUBMITTED BY
ROLL NO: 70
DIVISION: B
NAME: KRUSHALI INDUKUMAR THUMMAR
BACHELOR OF COMMERCE (ACCOUNTING & FINANCE)
(SEMESTER V)
UNDER THE GUIDANCE OF
CA AMRITESH MISHRA
ACADEMIC YEAR
2022 - 2023
VALUE OF SUPPLY
INTRODUCTION:
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 supply of goods and services. Thus it becomes important to know how to arrive at
the value on which tax is to be paid on which tax is to be paid. Provisions relating to value of
supply set out the mechanism to compute such value basis which CGST and
SGST/UTGST(intra-state supply) and IGST( inter-state supply ) should be paid. Section 15
of the CGST act supplemented with the rules under determination of value of supply of
CGST rules prescribes the provision for determining the value of supply of goods and
services made in different circumstances and to different persons.
Section 15 of the CGST act provides common provisions for determining the value of supply
of goods and services. Sub section (1) of section 15 provides the mechanism for determining
the value of a supply which is made between unrelated persons and when price and only the
price is the sole consideration for the supply. In most of the cases of regular normal trade the
invoice value i.e. transaction value ) is the taxable value which is specified under section
15(1). However when value cannot be determined under section 15(1) and for certain specific
transaction the value is determined using determination of value of supply of CGST rules.
The GST to be applied on a transaction will depend on the value of these goods and services
sold or transferred.
Buyers can pay for transactions with a monetary consideration by giving the seller cash or
electronically transferring money. They can also pay for transactions with non-monetary
considerations by giving the seller other goods or services in exchange.
Finally there are cases where they can pay for transactions partly in cash and partly in kind
(by bartering goods or services). Hence it is really important to accurately calculate the value
of supply.
The General Valuation Rules apply to transactions where the buyer pays the whole
price of the products or services in cash.
In this case, the value of supply is the total price or consideration paid,
minus the GST on that amount.
Value of Supply = Consideration - GST on Consideration
The Special Valuation Rules apply to transactions where some or all of the payment
is in trade instead of cash.
Completely non-cash payment
If the buyer pays entirely in trade and no cash, the value of
supply is the open market value of the products or services,
minus the GST on that amount.
Value of Supply = OMV - GST on OMV
Partially non-cash payment
If the buyer pays partially in cash and partially in trade, the
value of supply is the cash price paid plus the open market
value of the traded products or services, minus the GST on that
total amount.
Value of Supply = (Monetary Consideration + In-kind
Consideration) - GST on Total Consideration Note: The
value of supply includes cess, billable expenses, subsidies,
penalties, and all taxes except GST (and any other charges that
may or may not be included in the price of the goods and
services supplied).
The value of imported goods is calculated based on the rules provided in the Custom Act.
The value of supply is the custom value of the imported goods plus the import duty paid.
(Custom Value + Import Duty = Value of Supply) The value of taxable supply on an
imported service is the total consideration times the taxable percentage. (Value of Taxable
Supply = Total Consideration X Taxable Percentage)
When items are sold at a discount, their value for GST changes accordingly. The value of
supply is the item’s original value minus the discount amount. (Value of Supply = Original
Value - Discount)
The GST is levied upon this value of supply, not the original value.
It’s time you thought beyond freebie marketing strategies because under GST provisions, you
may not be allowed to receive input tax credit (refund of tax paid on purchase of goods) on
goods that were either lost, destroyed, written off or disposed by you as gifts and
free samples.
One way to get input tax credit on items that you give away for free is by declaring their
value as a part of taxable supply on your invoices and collect GST on the same (unless you
declare its value/OVM as a part of the taxable supply and collect GST on the same).
Rules and provisions related to value of supplies under the GST regime can be found
under section 15 of the CGST Act 2017
DEFINATION:
Agent means a person including a factor, broken, commission agent, arhatia, del credere
agent, an auctioneer or any other mercantile agent, by whatever name called who carries on
the business of supply or receipt of goods or services or both behalf of another [section2(5)].
Factor
Broker
commission agent
AGENT
arhatia
auctioneer
mercantile agent
deposit to be excluding
considered as subsidy given by
payment central/state
goevrnments
Family means-
Goods means every kind of movable property other than money and securities but includes
actionable claim, grass and things attached to or forming part of the land which are agreed to
be severed before supply or under a contract of supply[section 2(52)]
Market value shall mean the full amount which a recipient of a supply is required to pay
in order to the goods or services or both of like kind and quality at or about the same time
amd at the same commercial level where the recipient and the supplier are not related [section
2(73)]
where recipient and
MARKET VALUE at the same
supplier are not
commerical level
related
Person includes
(a) An individual
(b) A Hindu undivided family
(c) A company
(d) A firm
(e) A limited liability partnership
(f) An association of persons or a body of individuals whether incorporated or not in
India or outside India
(g) A local authority
(h) Central government or a state government
(i) Trust
Money means the Indian legal tender or any foreign currency, cheque, promissory note, bill
of exchange , letter of credit, draft, pay order, traveller cheque, money order, postal or
electronic remittance or any other instrument recognised by the reserve bank of India when
used as a consideration to settle an obligation or exchange with Indian legal tender of another
denomination but shall not include any currency that is held for its numismatic value
[section2(75)]
indian legal tender
foreign currency
cheque
promissiory note
bill of exchange
M O N EY
letter of credit
draft
pay order
traveller cheque
money order
postal or electronic
any other instrument
recongised by RBI
VALUE OF SUPPLY [SECTION 15]
Understanding how to calculate the value on which tax is due becomes crucial. The method
to determine the value on which CGST, SGST, UTGST (for intra-state supplies), and IGST
(for inter-state supplies) to be paid is outlined in the provisions relating to value of supply.
The value of supply is often equal to the price paid for the products or services, less GST.
The initial cost of the item less the discount is the supply's value. This discount is calculated
in accordance with a contract that was signed at or before the time of the supply and is clearly
associated with the relevant invoices. Value of Supply is calculated as (Monetary
Consideration - In-Kind Consideration) - GST on Total Consideration.
The Custom Act's rules are used to determine the value of imported products. The custom
value of the imported items plus the amount of the import duty paid make up the supply's
value. The value of an item for GST purposes varies when it is discounted.
The monetary value of any act or omission in response to or causing the delivery of goods or
services does not include subsidies by any central or state government, whether by the
recipient or any other person.
Some important definitions of agent, consideration, family, property, market value, person
and money are also covered in this study.
Hence, this makes it very important to accurately calculate the value of the supply.