Basics GST Laws and Rules Part -3
Basics: GST Laws and Rules Part -3
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The Goods and Services Tax (GST) has brought significant changes in the
Indian economy. It has been consistently reshaping the tax calculation
system. However, it has also confused taxpayers and people in business
concerning the GST laws and rules. The new GST tax system has
eliminated the cascading taxes on the supply of goods and services. It
has successfully replaced indirect taxes such as value-added tax, excise
tax, service tax, and other local taxes.
In theory, the implementation of GST and relaxations notified recently
might sound great, but how do business owners get ahead with it? This
article is part of our basic GST guide; Part-3 briefly summarizes various
GST rules and regulations.
GST Rule-1: Title, Commencement & Application
The above mentioned GST laws put together can be termed as Goods and
Services Tax (GST) Valuation Rules, 2016. This rule helps determine the value
of the supply of goods and services. The law applies to the supply of services
and goods under CGST, IGST, and SGST.
GST Rule-2: Definitions
These rules define specific terms as per the context. For instance, the “Act” is
defined either as the IGST Act or CGST Act and, in some context, SGST Act.
The term “goods of like kind and quality” is used to define physically similar,
identical, qualitative, and reputed goods. It describes the value of goods that
perform the same functions. Wherein the term “services of like kind and
quality” defines the identical or similar services supplied. Any word,
expression, or phrase that is not explicitly defined under this rule shall have
the same meaning as specified by the law.
GST Rule-3: Determination of Value
The value of any goods or services is considered as transaction value, subject
to rule 7 under the GST law. In monetary terms, “transaction value” is the
specified value of the supplies. When a transaction consists of both taxable
and non-taxable supply, it is identical to the monetary consideration attributed
to it. The acceptance of the value remains unchanged even when the supplier
and recipient are related.
The value of supplies depends on where goods are being transported from;
one business place to another, principal to an agent or visa-versa, one country
to another, and the same location. Only supply values specified under
subsection (4) of GST law, as per Article 17, are determined according to Rules
4 to 6.
GST Rule-4: Determination of Value of Supply Through Comparison
The value of supplies that cannot be determined under Rule 3 is determined
under this rule. For instance, the value of goods and services supplied is
determined by the transaction value based on the same quality and kind
under the sub-rule provisions (2). Wherein. If the value is being determined
under sub-rule (1), various factors have to be considered; the difference in the
date of supply and the difference in the quantity and commercial levels. The
officer must also consider the difference in composition, design, quality,
freight, and insurance charges of the goods and services concerning the place
of supply.
GST Rule-5: Value Method
When the value of supply cannot be determined by the rules mentioned
above, it is determined under Rule 5 based on the computed value. The value
methods include production cost, manufacturing, processing, cost of provision,
brand or design charges, profits, and general of the goods and services of the
same kind and quality as that of other suppliers.
GST Rule-6: Residual Method
The residual method helps determine the value of goods and services that
other rules fail to determine. Rule 6 determines the value using factors
consistent with the general and principal provisions of these rules.
GST Rule-7: Rejection of Declared Value
If the concerned authority feels the need to cross-check the value’s furnished
details or accuracy, they will ask the supplier to provide additional information
as evidence. After receiving further proof, if the designated authorities feel the
need to examine the declared value’s accuracy, the value of any such goods
or services will be considered deemed. The transaction value of any such
goods or services cannot be determined as per the sub-rule (1) under Rule 3.
The reasons for doubt cannot be limited to the significantly higher or lower
value of goods or services than the market value of similar products.
Authorities cannot reject the determined value based on the description,
quality, manufacturing or production date, and quantity. Concerned officers
must notify the suppliers by writing the reasons for doubting the accuracy of
furnished details of determining value. Further, suppliers will be provided with
an opportunity to clarify the doubts before taking the final decision under the
rub-rule (1).
GST Rule-8: Valuation in Certain Cases
Pure Agent – The value of goods and services that remain undetermined
under any of the rules mentioned above will be contained under Rule 8. The
law excludes a service provider’s expenditure as a pure agent from the value
of taxable service.
Money Changer – The value of any taxable service supplied, which includes
the purchase of foreign currency or currency exchange, is determined by the
service provider.
Conclusion
Staying GST compliant while running a business can seem tedious.
However, it is one of the significant business operations that help business
owners adhere to GST rules in 2020. The daunting accounting tasks
become much more manageable with reliable and
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Imprezz is the pioneer of accounting software in India. It helps bill faster,
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