The value of taxable supply of goods and services shall ordinarily be ‘the transaction value’ which is the actually the price paid or payable, when the parties are not related and price is the sole consideration. The model GST law further elaborates various inclusions and exclusions from the ambit of transaction value. For example, the transaction value shall not include refundable deposit, discount allowed before or at the time of supply.
Transaction value refers to the price actually paid or payable for the supply of goods and or services where the supplier and the recipient are not related and price is the sole consideration for the supply. It includes any amount which the supplier is liable to pay but which has been incurred y the recipient of the supply.
Section 15 is common for all three taxes and also common for goods and services.
Contract price is more specifically referred to as ‘transaction value’ and that is the basis for computing tax. However, when the price is influenced by some factors like relationship of parties or certain transactions are deemed to be supply, which do not have a price, it is required to overcome these factors to determine the transaction value correctly.
Reference to Valuation Rules is required only in cases listed under section 15(4) i.e. where consideration payable is not money, or parties to the transaction are related.
Section 15(2) provides the list of adjustments that may be made to make the price of a transaction reliable for purposes of determining tax payable.
It can be accepted after examining for inclusions in section 15(2). Furthermore, the transaction value can be accepted even where the supplier and recipient are related, provided the relationship has not influenced the price. (Rule 3(4) of draft GST valuation rules)
Post-supply discounts or incentives are to be included in the transaction value. Unless post-supply discount is established as per the agreement and is known at or before the time of supply and specifically linked to relevant invoice.
No pre-supply discounts allowed before or at the time of supply are includible in the transaction value, provided it is allowed in the course of normal trade practice and has been duly recorded in the invoice.
Valuation Rules are applicable when (i) Consideration not in money terms; (ii) parties are related or supply by any specified category of supplier; and (iii) transaction value declared is not reliable.
The reasons have been indicated in Rule 7(b) of the draft GST Valuation Rules. It is (1) comparable supplies are at significantly higher value;
(2) transaction is at significantly lower or higher than market value of supplies;
(3) mis-declaration in parameters like description, quantity, quality, year of make etc. The list is indicative and not exhaustive.
There are 3 methods are prescribed under GST Valuation Rules for determining the transaction value i.e. comparative method, computation method and residual method. Which are required to be followed sequentially. Besides, some specific valuation methods have been specified like in case of pure agents and money changers. Further specific rules may later be notified in case of Insurer, Air travel Agent and distributor or selling agents of lottery.
The inclusions specified in section 15(2) which could be added to Transaction Value are as follows:
1. Any amounts paid by recipient that are obligation of supplier to pay;
2. Money value of goods or services provided free or at concession by recipient;
3. Royalties and license fee payable by recipient as a condition of supply;
4. Taxes levied under any other law(s) (other than SGST/CGST or IGST);
5. Expenses incurred by supplier before supply and charged separately;
6. Subsidy realised by supplier on the supply;
7. Reimbursements claimed separately by supplier;
8. Discounts allowed ‘after’ supply except when known before supply; (Discounts allowed as a normal trade practice and reflected on the face of the invoice shall not be included).