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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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VAT on free goods

kavita agarwal

Hello,

Is there any VAT on goods given as free of cost basis and what is the procedure of invoicing the same.?

VAT on free goods may not apply where no consideration exists, but input tax credits may require adjustment. VAT does not apply to goods supplied free of cost where no consideration exists; suppliers may invoice such transfers as FOC or at a nominal value. Free issues treated as trade discounts are not assessable and do not require input tax reversal, whereas complimentary free supplies require reversal or adjustment of input tax. Warranty replacement goods supplied FOC are not liable to VAT and should be recorded via delivery challan indicating warranty replacement. (AI Summary)
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Ramanujam Varadarajan on Nov 1, 2013

If there is no consideration, explicitly or implictly and goods are provided on FOC basis, there would be no VAT.  Invoice is to be raised for FOC / value charged at Re.1 etc.

However, it may impact availment of VAT input tax credit on the goods if purchased locally

 

Harish Chander Bhatia on Nov 2, 2013

Further to reply of Sh Ramanujam, the input VAT, if goods purchased locally, will not be permitted, and that adjust in reduction of input VAT is must.

Harish Chander Bhatia on Nov 2, 2013

Further to reply of Sh Ramanujam, the input VAT, if goods purchased locally, will not be permitted, and that adjust in reduction of input VAT is must.

CA.S Ganesh on Nov 5, 2013

Generally, VAT is to be collected on sale of goods to a person in a consideration.

 

If goods are given at free of cost, i.e, sample does not attract VAT. But if It is dutiable product, then it has excise duty liability.

RAMASWAMY KRISHNAIYER on Nov 6, 2013

Madam,

If the goods are given free as trade discount, then the said free issues are not assessable.Similarly IPT on such goods also need not be reversed. This is on the principle that the price charged on goods sold is already inclusive of the trde discount in terms of qty.

However when the goods are given free as compliments then the said issue even though not assessable (since there is no consideration), the IPT on such goods have to be reversed.

CA. K. Ramaswamy (Prakash)

 

Madhav Aphale on Nov 7, 2013

If goods supplied free of Cost under warranty, still is there any impatct  on vat input?

Ramanujam Varadarajan on Nov 7, 2013

Goods given on FOC basis under warranty replacement would not  be liable to VAT.  The goods under warranty arranement may be supplied thru deivery challan referring clearly that it is supplied as Warranty replacement on FOC basis.

kavita agarwal on Nov 8, 2013

We are a trading concern dealing in Electronic products , in case we want to give DVD player free along with home theater then what will be the the treatment for the same in books/how to invoice the same.?

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