Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Consideration for Supply

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ideration. It is immaterial whether the payment is made by the recipient or by any other person. * If subsidy directly link with supply, from by a person other than govt. shall be include in consideration. * Subsidy which is not directly link with supply which not include in transaction value of supply. * A deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply. * The GST payable by you on a *taxable supply for which the *consideration is a deposit that was held as security for the performance of an obligation is attributable to the tax period during which the deposit: (a) is forfeited .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ble organisations receiving donation or gifts from individual donors [ Circular No. 116/35/2019-GST Dated 11.10.2019 ] In case of donation GST is not leviable, where all the three conditions are satisfied namely 1. the gift or donation is made to a charitable organization, 2. the payment has the character of gift or donation and 3. the purpose is philanthropic (i.e. it leads to no commercial gain) and not advertisement. Some examples of cases where there would be no taxable supply are as follows:- (a) "Good wishes from Mr. Rajesh" printed underneath a digital blackboard donated by Mr. Rajesh to a charitable Yoga institution. (b) "Donated by Smt. Malati Devi in the memory of her father" written on the door or floor of a room or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on notional interest on interest free refundable deposit not includible. [ M/S. Midcon Polymers Pvt. Ltd. - 2020 (9) TMI 784 - AAR, Karnataka ] * In a contrary view in Rajkot Nagarik Sahakari Bank Ltd. , it was hels that GST is payable on the notional interest/monetary value of the act of providing refundable interest free deposit will be considered as consideration. [ M/S. Rajkot Nagarik Sahakari Bank Ltd - 2019 (8) TMI 1213 - AAR, Gujarat ] * Value of goods transport services to include diesel supplied free by customer? [ M/S Shri Navodit Agarwal - 2019 (4) TMI 1402 - AAR, Chhattisgarh ] Issue - Do we need to charge GST on Freight amount excluding diesel cost or on total amount which is inclusive o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... income of the assessee they cannot be included in the transaction value or assessable value of the goods.  Thus, the answer to the question referred by the Division Bench is as follows: - "The Dharmada collected by the appellant which is clearly an optional payment made by the buyer cannot be regarded as part of the transaction value for the sale of goods." Note -  The decision in case of Central Excise but Principal should apply under GST also. Example: - 1. The best example of consideration not entirely in the form of money is seen in the exchange offer in the retail trade of consumer durable: - when we go to buy a new mobile phone, we are offered two bargains. Firstly, we can pay money and take mobile phone hom .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates