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TMI BlogClarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax creditX X X X Extracts X X X X X X X X Extracts X X X X ..... of his other establishments outside India, in the course or furtherance of business, is to be treated as supply even if made without consideration. 2. Representations have been received from trade and industry stating that demands are being raised by some of the field formations against the registered persons seeking tax on reverse charge basis in respect of certain activities undertaken by their related persons based outside India, by considering the said activities as import of services by the registered person in India, based on an expansive interpretation of the deeming fiction in S.No. 4 of Schedule I of WBGST Act, though no consideration is involved in the said activities and the same are not considered as supplies by the said related ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are intended for further supply as such by the recipient, the value shall, at the option of the supplier, be an amount equivalent to ninety percent of the price charged for the supply of goods of like kind and quality by the recipient to his customer not being a related person: Provided further that where the recipient is eligible for full input tax credit, the value declared in the invoice shall be deemed to be the open market value of the goods or services. 3.3 As per second proviso to rule 28(1) of WBGST Rules, in cases involving supply of goods or services or both between the distinct or related persons where the recipient is eligible for full input tax credit, the value declared in the invoice shall be deemed to be the open market val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of services between distinct persons in cases where full ITC is available to the recipient, is equally applicable in respect of import of services between related persons. 3.6 In case of import of services by a registered person in India from a related person located outside India, the tax is required to be paid by the registered person in India under reverse charge mechanism. In such cases, the registered person in India is required to issue self-invoice under Section 31(3) (f) of WBGST Act and pay tax on reverse charge basis. 3.7 In view of the above, it is clarified that in cases where the foreign affiliate is providing certain services to the related domestic entity, and where full input tax credit is available to the said related dom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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