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TMI BlogClarification on various doubts related to treatment of sales promotion schemes under GST.X X X X Extracts X X X X X X X X Extracts X X X X ..... tions have been received seeking clarification on issues raised with respect to tax treatment of sales promotion schemes under GST. To ensure uniformity in the implementation of the law across the field formations, the Commissioner of State Tax, Maharashtra State, in exercise of its powers conferred under section 168(1) of the Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as the said Act ) hereby clarifies the issues in succeeding paragraphs. 2. It has been noticed that there are several promotional schemes which are offered by taxable persons to increase sales volume and to attract new customers for their products. Some of these schemes have been examined and clarification on the aspects of taxability, val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit shall not be available to the supplier on the inputs, input services and capital goods to the extent they are used in relation to the gifts or free samples distributed without any consideration. However, where the activity of distribution of gifts or free samples falls within the scope of supply on account of the provisions contained in Schedule I of the said Act, the supplier would be eligible to avail of the ITC. 2.2. Buy one get one free offer: 2.2. 1. Sometimes, companies announce offers like Buy One, Get One free For example, buy one soap and get one soap free or Get one tooth brush free along with the purchase of tooth paste . As per sub-clause (a) of sub-section (1) of section 7 of the said Act, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year ending discounts to their stockists, etc. For example- Get additional discount of 1% if you purchase 10000 pieces in a year, get additional discount of 2% if you purchase 15000 pieces in a year. Such discounts are established in terms of an agreement entered into at or before the time of supply though not shown on the invoice as the actual quantum of such discounts gets determined after the supply has been effected and generally at the year end. In commercial parlance, such discounts are colloquially referred to as volume discounts . Such discounts are passed on by the supplier through credit notes. 2.3.3. It is clarified that discounts offered by the suppliers to customers (including staggered discount under Buy more, sav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who has supplied such goods or services or both, may issue to the recipient one or more credit notes for supplies made in a financial year containing such particulars as may be prescribed. 2.4.3. Representations have been received from the trade and industry that whether credit notes(s) under sub-section (1) of section 34 of the said Act can be issued in such cases even if the conditions laid down in clause (b) of sub-section (3) of section 15 of the said Act are not satisfied. It is hereby clarified that financial / commercial credit note(s) can be issued by the supplier even if the conditions mentioned in clause (b) of sub-section (3) of section 15 of the said Act are not satisfied. In other words, credit note(s) can be issued ..... X X X X Extracts X X X X X X X X Extracts X X X X
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