FAQ-Taxability & Valuation
FAQ-Taxability & Valuation
FAQ-Taxability & Valuation
Q 4. Whether stock transfer of goods within the organisation will also be taxable?
Ans. Stock transfer of goods between the locations/place of business within the State
registered under one registration won’t be taxable. However, Interstate stock transfer of
products, consumables & other materials will be taxable.
Further in case organisation holds more than one registration in a single state, then stock
transfer between locations under these registrations will be taxable.
Q 6. What is the impact on tax credit if supply is considered as Zero Rated supply?
Ans. Subject to provisions of Sec 17(2) of CGST Act, Credit of input tax can be availed for
making zero rated supplies.
Q 7. How will imports be taxed under GST?
Ans. Imports will be treated as interstate transactions. Accordingly, IGST will be levied on
import of goods & services.
Q 10. Whether works contract will be treated as supply of goods or supply of service?
Ans. Works contract will be treated as supply of service as the same is provided in Schedule
II of GST law.
Q 11. Whether works contract will be considered as composite supply or mixed supply or
none of them?
Ans. Since works contract will be considered as supply of services and should be subject to a
single rate of tax, it will neither be composite supply or mixed supply.
Q 12. Whether transfer of right to use goods will be treated as supply of goods or supply
of service? Why?
Ans. As per schedule II of CGST Act, transfer of right to use goods will be considered as
supply of services as there is no transfer of title in such supply.
Q 13. Whether goods supplied on hire purchase basis will be treated as supply of goods or
supply of services? Why?
Ans. Supply of goods on hire purchase shall be treated as supply of goods as there is transfer
of title, albeit at a future date.
Q 14. An individual buys a motor vehicle for personal use and after a year sells it to a
dealer. Will the transaction be a supply under GST law?
Ans. No, because supply is not made by the individual in the course or furtherance of
business. Further, no input tax credit was admissible on such car at the time of its
acquisition as it was meant for non-business use.
Q 15. When does the liability to charge GST arise in respect of supply of goods and
services?
Ans.
S.no. In case of Goods earlier of following In case of Services earlier of following
1 Date of issue of invoice by the supplier Date of issue of invoice by the supplier
OR last date of issue of invoice. Last date OR Last date of issue of invoice i.e. within
of issue of invoice means- 30 days from provision of service.
i. Removal of goods for supply to the
recipient where supply involves
movement
ii. Delivery of goods in other cases.
2 Date on which the supplier receives the Date on which the supplier receives the
payment with respect to the supply payment with respect to the supply
Q 16. Whether there will be any reverse charge mechanism like in case of service tax?
Ans. GST law contains provision for reverse charge mechanism (RCM). Further in case of
GST, RCM will not be limited only to services & will be applicable for Goods also.
Government may on recommendation of council specify categories of supply of goods &/or
services on which RCM will be applicable.
Q 17. When does the liability to charge GST arise in respect of supply of goods and
services?
Ans.
S.no. In case of Goods earlier of following In case of Services earlier of following
Q 19. Are there separate valuation provisions for CGST, SGST and IGST on Goods and
Services?
Ans. There are no separate valuation provisions for CGST, SGST & IGST. These taxes will be
levied on same transaction value.
Q 20. Whether interest charged for any delayed payment will also form part of
Transaction Value?
Ans. Unlike present taxation regime, Interest on delayed payment will form part of
transaction value & will be subject to GST levy.
Q 21. Whether discount given to customer are to be excluded from transaction value?
Ans. Discount offered to customer will be excluded from transaction value for levy of GST if
discount is given before or at time of supply & recorded on invoice.
Further after supply discounts will be excluded provided following conditions are met-
i. Such discount is established as per an agreement entered into at or before the time of
such supply and specifically linked to relevant invoices.
ii. Input tax credit has been reversed by the recipient attributable to the discount on the
basis of document issued by the supplier.