Rules Rule 35 of CGST Rules i.e Value of supply inclusive of integrated tax, central tax, State tax, Union territory tax


Financial Year: 2017


Rule 35 of CGST Rules

 

Value of supply inclusive of integrated tax, central tax, State tax, Union territory tax

 

 

Where the value of supply is inclusive of integrated tax or, as the case may be, central tax, State tax, Union territory tax,

the tax amount shall be determined in the following manner, namely,-

 

Tax amount = (Value inclusive of taxes X tax rate in % of IGST or, as the case may be, CGST, SGST or UTGST) ÷ (100+ sum of tax rates, as applicable, in %)

 

 

Example:-

 

If there is a mobile phone with GST Rate of 12%,

Total Price (Including Taxes) is Rs 1120

and we want to calculate tax amount,

 

Answer:-

 

Tax Amount = 1120*12/(100+12) = 120 Rs

 

 

 

Alternatively we can calculate Base value as follows:-

 

Basic Price(without Taxes) = 1120/(100%+12%) = Rs 1000/-

100% is constant and 12% is variable i.e. tax rate in question.

Tax Amount = Base price * Tax Rate

                     = 1000*12% = Rs 120/-

 

 

 

Explanation.-For the purposes of the provisions of this Chapter, the expressions-

 

(a) open market value of a supply of goods or services or both

means the full value in money,

excluding the integrated tax, central tax, State tax, Union territory tax and the cess

payable by a person in a transaction,

where the supplier and the recipient of the supply are not related

and the price is the sole consideration,

to obtain such supply at the same time when the supply being valued is made;

 

 

(b) supply of goods or services or both of like kind and quality

 

means any other supply of goods or services or both

made under similar circumstances

that, in respect of the

characteristics, quality, quantity, functional components, materials, and the reputation of the goods or services or both first mentioned,

is the same as, or closely or substantially resembles,

that supply of goods or services or both.

 

 

Thanks

CA Rahul Gupta