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Goods and Services Tax

Amount paid for GST rate diff. after effecting supply can’t be considered as part of transaction value

Case Law Details

TaxGuru Citation
2018 taxguru.in 1339
Case Name
Re. M/s. Ultra tech Cement Limited (AAR Maharashtra)
Date of Judgement/Order
Only available for paid members
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Re. M/s. Ultra tech Cement Limited (AAR Maharashtra)

Question. 1. Whether the amount paid to authorized dealers towards “rate difference” after effecting the supply of goods by the applicant to aforesaid dealers can be considered for the purpose of arriving at the ‘transaction value’ in terms of Section 15 of the CGST Act.

Answer. Answered in the negative.

Question. 2. Whether the amount paid to authorized dealers towards “rate difference” after effecting the supply of goods would be allowed under Section 15(1) read with Section 34(1) of the CGST Act or under Section 15(3) read with Section 34(1) ibid.

Answer. Answered in the negative.

FULL TEXT OF ADVANCE RULING IS AS FOLLOWS:-

The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by M/s. Ultratech Cement Limited, the applicant, seeking an advance ruling in respect of the following question:

Whether the amount paid to dealer towards “rate difference” post supply can be considered for the purpose of arriving at the ‘transaction value’ in terms of Section 15 of the Central Goods and Service Tax Act (“CGST Act”).

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