IV Unit Value of Supply
IV Unit Value of Supply
Introduction:
GST will be ne tax to subsume all taxes. It will bring in “One nation One Tax”
regime.
Being a completely new form of indirect taxation there are many questions in the
minds of the organizations. One of the most important questions is what is valuation of
supply under GST? What will be included in the value of taxable supply on which GST is
calculated?
Earlier Regime
In the earlier regime, taxes are calculated on the value of goods/ services:
Value Value of Goods/Services
Excise Transaction value of goods or MRP
VAT Sale Value
Service Tax Taxable Value of Service Rendered
Meaning:
Value of Supply means the amount paid by the recipient of supply to the supplier
as consideration for supply.
In simple, valuation of supply means the amount paid by buyer to seller as
consideration of goods.
Ex:Mr. A buys computer from Mr. B, the seller. Mr. A pays amount of Rs. 25,000
as consideration for computer purchased.
Relevant Definition:
Recipient {Sec. 2 (93)}
Recipient of Supply of goods and services or both, means-
a) Where a consideration is payable for the supply of goods or services or both, the
person who is liable to pay that consideration.
b) Where no consideration is payable for the supply of goods, the person to whom
the goods are delivered or made available, or to whom possession or use of the
goods is given or made available and
c) Where no consideration is payable for the supply of a service, the person to
whom the service is rendered, and any reference to a person to whom a supply is
made shall be construed as a reference to the recipient of the supply and shall
include an agent acting as such on behalf of the recipient in relation to the goods
or services or both supplied.
Services:{Sec. 2(102)}
Services means anything other than goods, money and securities but includes
activities relating to the use of money or its conversion by cash or by any other mode,
from one form, currency or denomination, to another form, currency or denomination
for which a separate consideration is charged.
Money:{Sec. 2(75)}
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
RBI when used as a consideration to settle an obligation or exchange with Indian Legal
Tender of another denomination.
Agent:{Sec. 2(5)}
A person, including a factor, broker, 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 on behalf of
another.
Person:{Sec. 2(84)}
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;
Consideration:
Consideration may be in the form of money or it may be kind also.
In simple terms, consideration may be in cash, kind, forbearance and many more.
There should be direct link between the supply and payment.
If there is no direct link between the supply and payment or there is no supply of
goods or services in return for payment, then the payment is not treated as
consideration.
Types of Consideration:
Consideration can be in monetary or non-monetary form.
a) Monetary Consideration: means payment made by way of cash, cheque or
credit card, bank transfer and deduction from bank account.
b) Non-monetary consideration: means goods or services provided as payment.
For example, in barter exchange.
c) Consideration received in Partly money and Partly in Kind
Transaction Value means the price actually paid or payable for the said supply
where the supplier and the recipient of the supply are not related and the price is the
sole consideration for the supply.
Valuation of Supply
Transaction Value
Open Market Value: Means the value of supply excluding taxes, payable by a recipient
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.
Example: Mr. Arun sold furniture to Mr. Bhavesh for Rs. 10,000. The open market value
of the furniture is 13,000. Mr. Arun and Mr. Bhavesh are not related persons.
Here, first condition is satisfied that, supplier and recipient are not related
person and hence, value of supply will be Rs. 10,000.
In the above example, suppose Mr. Arun and Mr. Bhavesh are related person.
Here, both the conditions are not satisfied. Hence, value of supply will be
open market value i.e., Rs. 13,000
a) Any taxes, duties, cesses, fees and charges levied under any law other than
GST Law
Ex: Freight, Municipal Taxes
b) Any expenses incurred by the recipient of the supply on behalf of the
supplier
Ex: Delivery Charges
c) Incidental expenses such as commission, packing, inspection or
certification charges, installation and testing charges, charged by the
supplier
d) Interest or late fee or penalty for delayed payment; and
e) Subsidies directly linked to the price excluding subsidies provided by the
Central Government and State Government
Note: The amount of subsidy will be included in the value of supply of the supplier
who receives the subsidy.
1. Galaxy Pvt. Ltd. sold goods to Ooty Pvt. Ltd. and provides the following particulars
Particulars Amount
List price of the goods 1,00,000
Municipal Tax 12,000
GST 28,000
Packing Charges 1,500
Inspection or certification Charges 800
Galaxy Pvt. Ltd. received Rs. 2,500 as a Subsidy from NGO on such supply. Galaxy
Pvt. Ltd. allows 3% discount on the list price which is shown in the invoice. Determine
the value of supply.
Solution: Determination of Value of Supply
Particulars Amount Amount
List Price of the Goods 1,00,000
Add: Items 15(2)
Municipal Tax 12,000
Packing Charges 1,500
Inspection or certification Charges 800
Subsidy from NGO 2,500 16,800
Value 1,16,800
Less: Items 15(3)
Discount @3% (Rs.1,00,000 x 3/100) 3,000
Taxable Value of Supply 1,13,800
ABC Ltd has provided the following details regarding sale of machinery supplied by it
to XYZ Ltd :
Particulars Amount
Freight and insurance from place of removal to the supplier’s premises 750
A cash discount of 1% on the list price was agreed to be offered to XYZ Ltd if it
agreed to make immediate payment. As XYZ makes the payment, determine the
value of such supply.
Solution :
77050/-
“Open market value” of a supply of goods or services or both means the full
value in money, excluding the integrated tax, central tax, State tax, Union territory
tax and the cess payable by a person in a transaction, where the supplier and the
recipient of the supply are not related and price is the sole consideration, to obtain
such supply at the same time when the supply being valued is made.
Open market value is a fair market value. In other words, open market value will be the
amount which is fairly available in open market.
ii) Value of supply of goods or services or both of like kind and Quality
If open market value is not available then value would be, Value of supply of
goods or services or both of like kind and Quality
Supply of like kind and quality:
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.
Where consideration is not wholly in money, then the value of supply will be;
iii) Value of supply based on cost i.e., cost of supply plus 10%mark-up.
If value of supply cannot be determinable under open market value and like
kind and quality, the value will be based on cost plus mark up.
If Value of supply cannot be determinable then value is determined by using
reasonable means consistent with principles & general provisions of GST law. (Best
Judgment method).
Value of supply = Open market value of supply - GST on open market value
OR
Open market value / fair market value XX
Less: GST on OMV
OMV X GST rate
100+ rate of GST XX
Value of supply XXX
Example: Sai Electronics supplied printer to Khan, Khan has transferred a computer
monitor to Sai electronics as consideration for printer. The market price of printer is
Rs.12000 including GST 18%. Determine value of supply.
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 case of supply between such related person and distinct person under GST,
value of supply will be:
i) The Open Market Value (OMV) of such supply. OMV will be the amount which
is fairly available in open market.
ii) If the open market value is not available, it will be the value of supply of goods
or services of like, kind and quantity.
iii) If the value is not determinable in the above two cases it shall be determined by
the value of supply based on cost of supply plus 10% mark-up.
iv) If the value is not determinable in the above two cases it shall be determined by
using reasonable means consistent with principals and general provisions of
GST law. (Best Judgment Method).
Example: Ganga Soft Drinks, Ganga Minerals and Ganga Bottles are the units of Ganga
Industries Limited. Each of these units has separate legal entity and located in different
areas in Karnataka.
Ganga Bottles supplied 1,00,000 quantity of bottles to Ganga Soft drinks unit. The cost
price of making each bottle is Rs. 3.
Determine the value of supply of 1,00,000 quantity of bottles.
If;
a. The market value of each bottle is Rs.5
b. What would be your answer, if market value of each bottle is not available?
Solution:
Example: A principal supplies product to his agent for Rs. 7500 and the agent is
supplying products of like kind and quality to his customer for Rs. 10,000. Determine
the value of supply.
Solution:
As per rule 29 - The value of supply of goods between the principal and his agent
will be the Open Market Value. If the Open Market Value of supply is not available, then
the value of supply will be 90% of the amount charged by the recipient from his
customer, being unrelated person.
In the given case, agent is supplying products of like kind and quality to his
customer for Rs. 10,000. Hence, value of supply will be 90% of 10,000 = Rs.9.000.
4) Cost Method - Value of supply of goods or services or both based on cost: [Rule
30]
If value of supply of goods & services are not determined according to Rule 27 to
Rule 29, then the value of supply will be 110% of the cost of production, cost of
acquisition of goods or services.
Example: Mr.X sold a laptop for Rs. 44,000 with exchange of old Computer. Cost of the
laptop is Rs. 50,000. Determine the taxable value of supply.
Solution:
As per Rule 30 If value of supply of goods & services are not determined according to
Rule 27 to Rule 29, then the value of supply will be 110% of the cost of such supply.
In the given case, Open Market Value of the laptop as well as old computer is not
available. Also, Value of like kind of laptop is not available. Hence, the
taxable value of supply will be 110% of the cost of laptop i.e. 110% of 50,000 =
Rs. 55,000.
If value of supply of goods & services are not determined under Rule 27 to Rule
30, then value of supply shall be determined using reasonable means consistent with
the principles and general provisions of this chapter.
The valuation methods provided under this rule are optional. The supplier can
use them if he so desires. He can also select to value his supplies as provided in other
valuation rules. The following are the few supplies have been prescribed under
valuation rules of CGST Rule 2017;
money changing is provided in Rule 32(2)(a) of CGST Rule 2017. The value of
services in such case shall be determined by either of the following two methods;
Method 1. (Under Rule 32 (2) (a))
RBI reference rate is not available: If RBI reference rate for a currency is
not available, then value of supply is 1% of the gross amount of Indian Rupees
provided or received by the person changing the money.
Sum: Mr. Kane Williamson converted USD $200 units on 10th December 2021 at Rs.63 per
USD through Eastern Money Changers. The RBI reference rate on that time of exchange is
Rs.64 per US $. Determine the Value of Supply. What is your answer if RBI reference rate is
not available?
(a) Value of Supply of Services - RBI Reference Rate is Available
= (RBI Reference Rate – Buying Rate) x Total Units of Currency
= (64 – 63 ) x $ 200
= Rs.1 x $ 200
= Rs. 200/-
(b) Value of Supply of Services - RBI Reference Rate is not Available
= 1% of Gross amount of Indian Rupee
= ($200 x Rs.63) x 1/100
= Rs.12600 x 1/100
= Rs. 126/-
Situation II : Transaction where neither of the currencies exchanged is Indian
Rupee.
In case where, neither of the currencies exchanged is Indian rupee, the value of
supply is 1%of the lesser of the two amounts the person changing the money would
have received by converting of any of the two currencies in Indian Rupees on that day at
the reference rate provided by RBI. That means value of supply is 1% of gross Indian
Rupee. Gross Indian Rupee is equal to the least of the following:
Solution
Value of Currency Exchanged = $10,000 x Rs.79 = Rs.7,90,000
Value of Supply = Rs.1,000 +0.5% of Rs.6,90,000 (Rs.7,90,000-Rs. 1,00,000)
= Rs. 1,000 + 3,450
= Rs.4,450/-
The value of insurance policy. The value of supply of services in relation to life
insurance business is determined for the following nature of policy.
a. Policy with dual benefits: that mean, a policy which is having two benefits, benefit of
risk coverage and benefit of investment or savings. If the amount allocated for
investment or savings is intimated to the policy holder at the time of the supply of
services, the taxable value will be;
Taxable value= Gross premium charged- amount allocated for investment or savings
b. Single premium annuity policy: In case of single premium annuity policy other than
policy with dual benefits, the taxable value of supply of services will be;
Taxable value= 10% of the single premium charged from the policy holder.
c. Policy with only risk coverage: When policy with only risk coverage's the taxable
value of services will be;
d. In other case: In all other cases 25% of the premium charged from policy holder in
the first year and 12.5% of the premium charged from the policy holder in subsequent
years.
change the nature of the goods. Second hand goods dealers deal in purchase and sale of
used goods. Second hand goods might be sold as they are or after minor renovation.
a. Outward supply of second-hand goods:
GST is normally charged on the transaction value of the goods. However in
respect of outward supply of second-hand goods, the dealer is liable to charge GST
on the second-hand goods. For charging GST dealer will have two options;
1. Charge GST on the full transaction value OR
2. Charge GST on the margin or profit earned on the goods.
b. Inward supply of second-hand goods:
When a registered second-hand goods dealer buys used unregistered person goods,
the supply can be either from a registered person or Unregistered person.
I. Inward supply from registered person.
When a registered second hand goods dealer purchases used goods from a
registered person, the supplier is liable to charge tax at the rate applicable to such
goods, if he opts for margin scheme, the dealer cannot claim input tax credit of the
tax paid.
II. Inward supply from unregistered person.
When a registered second hand goods dealer purchases used goods from an
unregistered person, the recipient is liable to pay tax on reverse charge. If the dealer
opts for the margin scheme, the dealer will not be liable to pay tax on reverse charge
on inward supplies from unregistered persons.
Note: GST on second hand goods received from unregistered supplier is exempt
from tax.
V. Redeemable vouchers or stamp or coupons or tokens:
The value of a token, voucher or coupon or a stamp (other than postage stamp)
which is redeemable against a supply of goods and services or both is equal to the
money value of the goods or services or both redeemable against such token, voucher,
coupon or stamp.
The integrated tax (GST) on goods shall be in addition to the applicable Basic Customs
Duty (BCD) which is levied as per the Customs Tariff Act. In addition, GST compensation
cess, may also be levied on certain luxury and demerit goods under the Goods and
Service Tax compensation to states) Cess Act.2017.
6. Value of supply for the purpose of levy of tax (IGST) on imported goods:
The value of the goods for the purpose of levying IGST shall be assessable value
plus customs duty levied under the act and any other duty chargeable on the said goods
under any law for the time being in force as an addition and in the same manner as a
duty of customs. The value of the goods for the purpose of levying integrated tax shall
be;
Assessable value = xxxx
Add: Customs Duty levied under Customs Act = xxxx
In addition, GST compensation cess, may also be levied on certain luxury and demerit
goods under the goods and service tax ( compensation to states) Cess Act 2017 on the
assessable value plus Basic customs Duty (BCD).
7. Input tax credit:
Input tax credit of the integrated tax paid at the time of import shall be available
to the importer and the same can be utilized by him as input tax credit for payment of
taxes on his outward supplies. However, the basic customs duty (BCD) shall not be
available as input tax credit.
IMPORT OF SERVICES:
Import of services has been specifically defined under IGST Act. And refers to
supply of any services where the supplier is located outside India, and recipient is
located in India and the placeof service in India.
Import of services section 2(11) of IGST Act 2017, import of services means the
supply of any services where; Supply of any services where the supplier is located
outside India.
The recipient of service is located in India and the place of supply of service is in India
Provisions of IGST Act, 2017 relating to levy of taxes on import of services:
1. Import of services under consideration, whether or not in the course or furtherance
of business, shall be considered as a supply. Business test is not required but
Department of Commerce, KLE Society’s, Lingaraj College, Belagavi (Autonomous) 21
Goods and Services Tax [UNIT IV: VALUE OF SUPPLY]
Sums (1)
Determine GST payable from the following information provided by Sagar Ltd has made
sale to Ocean Ltd.
Particulars Amount
List price of product (including 12% GST) 1,12,000
The list price of the produce includes
Cost of durable and returnable package 2,500
Cost of normal package 3,000
The list price of product does not include
Freight and insurance 1,500
Advertising expenses 4,000
Loading and unloading charges 3,000
Free samples 1,000
Other Information:
Sager Ltd Offers trade discount at 5% on list price before GST.
Solution
Particulars Amount (Rs.) Amount (Rs.)
List price of the product (including 12% GST) 1,12,000
Less: GST @ 12% (Rs.1,12,000 x 12/112) 12,000
List Price of Product 1,00,000 1,00,000
Add: Inclusions 15(2)
Freight and Insurance
1,500
Advertising Expenses
4,000
Loading ad Unloading Charges
3,000
Free Samples
1,000 9,500
1,09,500
Less: Exclusion 15(3)
Trade Discount @5 % on List price 5,000
(Rs.1,00,000 x 5/100)
Cost of Durable and Returnable Package 2,500 7,500
Value of Taxable Supply 1,02,000
Sum (2) Modern Pvt Ltd has provided the following particulars relating to goods sold by
it to Old Pvt. Ltd.
Particulars Amount
List price of product (including 18% GST) 4,72,000
The list price of goods also includes:
Cost of primary packing 30,000
Design and engineering cost 60,000
Protective Packing 40,000
Other Information
1) Commission paid to agent by recipient on instruction of supplier Rs.8,000
2) Loading and unloading charges Rs.5,000
3) Modern Pvt. Ltd offers 5% discount to customer on purchase but same not
recorded in the invoice.
4) Modern Pvt. Ltd. Received subsidy from Government of Karnataka Rs.10,000
which is not linked with price.
18% GST applicable.
Sum (3) Anvita Ltd. A registered supplier in Mumbai (Maharashtra) has supplied goods
to Uttam Traders and Vedha Motors Ltd. Located in Pune and Bengaluru respectively.
Anvita Ltd. has furnished the following details for the month of August 2022.
Particulars Uttam Vedha
Trader Motors
1) Price of goods (excluding GST) 40,000 30,000
2) Packing Charges 1,200 --
3) Commission 800 --
4) Weighment Charges -- 2,000
5) Discount for prompt payment recorded in invoice - 1,200
Items given in point 2 to 5 have not considered while arriving at price of the goods
given in point 1 above.
Compute the GST liability for the month of August 2022. Assume the rate of taxes to be
as 18%.
Particulars Uttam Vedha
Trader Motors
Price of Goods 40,000 30,000
Add: Inclusions 15(2)
Packing Charges 1,200 --
Commission 800 --
Weighment Charges -- 2,000
42,000 32,000
Less: Exclusions 15(3)
Discount for prompt payment -- 1,200
Value of Taxable Supply 42,000 30,800
Sum : Aptech Computer Seller of Personal Computers in Belagavi. The following are
computer parts purchased during the month August 2022.
a) 100 Monitors from a dealer of Sony. Price of each monitor is Rs.4,000 (Including
28% IGST)
b) Purchased 100 CPU from a dealer of Hubli. Price of each CPU is Rs.14,000
(including GST @ 18%)
c) Purchased 100 keyboards and mouse from a dealer in Belagavi. Price of each
keyboard is Rs.500 and mouse is Rs.200 (including GST @18%)
d) Purchased 100 Operating Software from Vadiraj Infotech Belagavi of Rs.2000
each (including GST @18%)
The following are the expenses incurred by it to assemble the Computers.
Labour Cost Rs.20,000
Other expenses Rs.10,000
Profit margin at 30% on cost of each Personal Computer.
1. Calculate selling price of each Personal Computer
2. Determine Transaction value for the following sales, by using calculated
selling price.
a. 25 Computers to Lingaraj College, Belagavi
b. 35 Computers to a customer in Bengaluru
c. 15 Computers to Gogte College, Belagavi.
d. 25 Computers to a customer of Koppal
The above sales do not include the following:
Cost of primary packing Rs.60,000
Cost of Secondary Packing Rs.90,000
It provides 5% discount on selling price of each computer.
Calculate GST payable @ 18%.
Sum : Mr. Nimit a supplier of goods, pay GST under regular scheme. He is not
eligible for any threshold exemption. He has made the following outward
supplies in the month of August 2022.
Intra State Supplies of Goods Rs.6,00,000
Inter State Supplies of Goods Rs.2,00,000
He has also furnished following information in respect of purchases made by him
from registered dealer during August 2022.
Intra State purchases of goods Rs.4,00,000
Inter State Purchases of goods Rs.50,000
Balance of ITC available at the beginning of August 2022: IGST Rs.20,000, CGST
Rs.15,000 and SGST Rs.35,000
Other information:
1. Rate of GST is 18%.
2. Both inward and outward supplies given above are exclusive of taxes,
wherever applicable.
3. All the conditions necessary for availing the ITC have been fulfilled.
Sum: From the following details of Arya Traders of Bengaluru compute GST Payable.
a) Intra State Outward Supply of goods worth Rs.10,00,000 @18% GST. Which was
purchased from X Ltd. for which Arya Traders paid CGST Rs.48,000 and SGST
Rs.48,000.
b) Inter State supply of services of Rs.1,00,000 to Raghu. IGST charged at 18%.
c) It has made outward supply of goods to SEZ unit of Belagavi Rs.7,00,000. Arya
Traders purchased the same goods from Y LTd. of Mysore for which, it has paid
CGST Rs.24,000 and SGST Rs.24,000.
d) It has exported goods worth Rs.3,00,000 which were purchased from A Ltd. and
paid CGST and SGST Rs.13,500 each.
e) It has also made intra-state supply of goods worth Rs.2,00,000 which are
exempted under GST. For these good ITC attributable is Rs.18,000 (IGST)
f) Other information.
a. ITC attributable in respect of outward supply of services made to Raghu
Rs.13,500 IGST
b. Factory rent paid Rs.60,000 GST charged by landlord CGST Rs.5400 and
SGST Rs.5,400
c. Telephone expenses paid Rs.5,000 GST levied as CGST Rs.450 and SGST
Rs.450.
Calculation of Input Tax Credit Available `
Particulars IGST CGST SGST
Goods purchased from X Ltd. -- 48,000 48,000
Goods purchased from Y LTd. -- 24,000 24,000
Goods purchased from A LTd. -- 13,500 13,500
Tax attributable from exempted goods -- -- --
Tax Attributable in respect of supply to Raghu 13,500 -- --
Tax paid on Factory Rent -- 5,400 5,400
Tax paid on Telephone Bill -- 450 450
Total ITC Available 13,500 91,350 91,350
Calculation of Output Tax Liability and GST Payable
Particulars IGST CGST SGST
Intra State Supply of goods (Rs.10,00,000 x -- 90,000 90,000
18/100 x 1/2)
Inter State Supply of Services to Raghu 18,000 -- --
(Rs.1,00,000 x 18/100)
Outward Supply to SEZ -- -- --
Export of Goods -- -- --
Supply of exempted goods -- -- --
Output Tax Liability 18,000 90,000 90,000
Less: ITC Available 13,500 91,350 91,350
4,500 (1,350) (1,350)
Less: CGST Against IGST 1,350 1,350 --
3,150 Nil (1,350)
Less; SGST Against IGST 1,350 -- 1,350
GST Payable 1,800 Nil Nil