Value of Supply: Revision Notes (Expanded)

1. What is Value of Supply?

GST is an 'ad valorem' tax, meaning it's calculated as a percentage of the value of the goods or services.

The "Value of Supply" is the amount on which GST is charged. Section 15 of the CGST Act tells us how to determine this value.

The Golden Rule:

In most normal business transactions, the value of supply is the Transaction Value.

2. Transaction Value

The transaction value is the price actually paid or payable for a supply.

Two Conditions Must Be Met:

  • Unrelated Persons
    The supplier and the recipient must not be "related persons".
  • Price is Sole Consideration
    The price (in money) must be the only thing given in return for the supply.

If either condition fails, we must use the Valuation Rules.

3. Who are Related Persons?

The relationship can influence the price, so these transactions are valued differently.

Examples of Related Persons:

  • Officers or directors of one another's businesses.
  • Legally recognised partners.
  • Employer and employee.

4. Related Persons (Control)

Control-based relations:

  • Members of the same family.
  • A person holding 25% or more voting stock/shares in both entities.
  • One person controls the other (e.g., holding and subsidiary companies).
  • Both are controlled by a third person.

5. Inclusions: Taxes & Fees

Section 15(2) lists items that must be included in the value.

Taxes other than GST [Sec 15(2)(a)]:

Any tax, duty, cess, or fee levied under any law other than GST acts must be included if charged separately by the supplier.

Example: Excise Duty, Municipal Tax charged on a product.

Note: TCS under Income Tax Act is NOT included.

6. Inclusions: 3rd Party Payments

[Sec 15(2)(b)]

This covers situations where the supplier is liable to pay an amount, but the recipient pays it directly to a third party.

This amount must be added to the value of supply.

Example: In a 'FOR Destination' contract, the supplier is liable for freight. If the recipient pays the transporter directly, that freight amount is added to the value of goods.

7. Inclusions: Incidental Expenses

[Sec 15(2)(c)]

Any amount charged by the supplier for anything done in respect of the supply, at or before the time of supply, must be included.

Examples:

  • Commission
  • Packing charges
  • Inspection or certification charges
  • Installation and testing charges
  • Loading and weighment charges

8. Inclusions: Interest & Subsidies

Interest or Late Fees [Sec 15(2)(d)]:

Any penalty, late fee, or interest charged for delayed payment of consideration must be added to the value of supply.

Subsidies [Sec 15(2)(e)]:

Subsidies directly linked to the price are included in the value, UNLESS the subsidy is given by the Central or a State Government.

9. Exclusions: Discounts

Discounts can be deducted from the value, but only if they meet specific conditions under Sec 15(3).

Type 1: At-Supply Discount

A discount is deductible if it is given before or at the time of supply AND it has been duly recorded in the invoice.

This is the most common type of discount, like a trade discount shown on the bill.

10. Post-Supply Discounts

Discounts given after the supply (e.g., volume discounts) can also be deducted, but the conditions are stricter.

Two Conditions Must Be Met:

  • The discount must be established in terms of an agreement that existed at or before the time of supply.
  • The recipient must reverse the proportionate Input Tax Credit (ITC) on the discount amount.

If these conditions aren't met, the discount cannot reduce the GST liability.

11. The Valuation Rules

When Transaction Value [Sec 15(1)] cannot be used, we turn to the CGST Rules (27 to 35).

When are Rules used?

  • Consideration is not wholly in money (barter/exchange).
  • Supplier and recipient are related persons.
  • For certain notified supplies.

The rules must be applied in a specific sequence.

12. Rule 27: Barter/Exchange

When consideration is not fully in money, value is determined sequentially:

  • Step 1: Open Market Value
    The price of the supply in the open market.
  • Step 2: Money + Equivalent
    Monetary part + money value of the non-monetary part.
  • Step 3: Like Kind & Quality
    Value of a similar supply.
  • Step 4: Cost/Residual
    Using Rule 30 (Cost + 10%) or Rule 31 (Best Judgement).

13. Rule 28: Related Persons

The valuation sequence is the same as Rule 27 (OMV → Like Kind → Cost/Residual).

Important Proviso 1:

If the recipient is eligible for full Input Tax Credit, the value declared in the invoice is accepted as the value of supply. This simplifies compliance.

14. Rule 28 (Cont.)

Important Proviso 2:

If goods are intended for further supply as such by the recipient, the supplier can optionally value the goods at 90% of the price charged by the recipient to their unrelated customer.

Corporate Guarantee:

Value of corporate guarantee to a related person is 1% of the amount guaranteed or actual consideration, whichever is higher.

15. Rule 29: Agent Supplies

For goods supplied between a principal and an agent (where agent invoices in their own name):

Value is (at supplier's option):

  • The Open Market Value of the goods.
  • OR

  • 90% of the price charged by the agent for the supply of like kind and quality goods to their unrelated customer.

If value cannot be determined, Rule 30 or 31 applies.

16. Rule 30 & 31

Rule 30: Cost Method

This is a fallback method. If value cannot be determined by Rules 27-29, the value is taken as 110% of the cost of production, acquisition, or provision of service.

Rule 31: Residual Method

The "Best Judgement" method. Value is determined using reasonable means consistent with GST principles. A service provider can opt for this rule directly after Rule 29, skipping Rule 30.

17. Rule 31A: Lottery/Betting

These have specific valuation rules that override all others.

Value of Supply for:

  • Lottery: 100/128 of the face value of the ticket or the price notified by the Organising State, whichever is higher.
  • Betting, Gambling, Horse Racing: 100% of the face value of the bet or the amount paid into the totalisator.

18. Rule 31B/31C: Gaming

Online Gaming & Casino:

The value of supply is the total amount paid, payable, or deposited with the supplier by the player. This includes money's worth and virtual digital assets.

Important Clarification:

Winnings that are re-used by the player for further games without withdrawal are NOT considered as a fresh deposit and are not included in the value of supply again.

19. Rule 32: Optional Methods

For certain supplies, the supplier has the option to use these special, simplified valuation methods instead of the standard rules.

Supplies Covered:

  • Foreign Currency Exchange
  • Air Travel Agent Services
  • Life Insurance Business
  • Second-Hand Goods
  • Vouchers/Coupons

20. Rule 32: Forex & Air Travel

Foreign Currency Exchange:

Value can be the difference between the transaction rate and RBI reference rate, OR a slab-based value (e.g., 1% of gross amount up to ₹1 Lakh, subject to a minimum of ₹250).

Air Travel Agent:

Value is deemed to be 5% of the basic fare for domestic bookings and 10% for international bookings.

21. Rule 32: Life Insurance

The value of supply for life insurance business depends on the policy type.

  • Investment + Risk: Gross premium minus the amount allocated for investment (if intimated).
  • Single Premium Annuity: 10% of the single premium.
  • Other cases: 25% of premium in the first year, and 12.5% in subsequent years.
  • Pure Risk Cover: The entire premium is the value.

22. Rule 32: Margin Scheme

Second-Hand Goods:

This is also known as the Margin Scheme. It applies to dealers in second-hand goods.

Condition:

No Input Tax Credit (ITC) should have been availed on the purchase of such goods.

Value of Supply:

The value is the difference between the selling price and the purchase price (i.e., the margin). If the margin is negative, the value is taken as nil.

23. Pure Agent Concept

A "Pure Agent" is a person who makes a payment to a third party, on behalf of their client, as part of a service.

The Rule:

Expenditure or costs incurred by a supplier as a pure agent of the recipient are excluded from the value of their own supply.

Example: A Customs Broker pays customs duty on behalf of an importer. The reimbursement of this duty is not part of the broker's taxable value.

24. Pure Agent Conditions

To exclude a reimbursement, all conditions must be met:

  • There's a contractual agreement to act as a pure agent.
  • The agent doesn't hold title to the goods/services procured.
  • The agent doesn't use the goods/services for their own interest.
  • The agent only receives the actual amount incurred as reimbursement.
  • The reimbursement is shown separately in the invoice.

25. Chapter Recap

Value of Supply is the foundation for calculating GST liability.

Key Steps:

  1. Check if Sec 15(1) applies (unrelated, price is sole consideration). If yes, value is Transaction Value.
  2. If not, apply Valuation Rules (27-31) sequentially.
  3. For specific supplies (forex, insurance, etc.), check if the optional Rule 32 is beneficial.
  4. Always add inclusions (taxes, fees) and deduct eligible discounts.