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Insertion of capital goods in Input definition

arbs sarma

Sirs,

In the recent budget input definition under CCR, 2004 was amended and a new clause (v) is inserted in rule 2(k) i.e., input means all capital goods having value upto 10000 rupees per piece.

query:

CG having value upto 10000 per piece means is it the assessable value or the invoice value (i.e., value including all taxes)

Definition of value for capital goods focuses on tax exclusive transaction value versus invoice inclusive value. An amendment added a per piece value threshold to the input definition for capital goods. Practitioners dispute whether 'value' means invoice amount inclusive of taxes or the transaction/assessable value excluding taxes; several practitioners favor the transaction/assessable value reading. The document further distinguishes 'value' (used for duty/valuation) from 'cost' (total paid including taxes, freight and handling) for inventory and duty treatment. (AI Summary)
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KASTURI SETHI on Apr 20, 2016

Invoice value.

Rajagopalan Ranganathan on Apr 20, 2016

Sir,

With due respects to the views of Shri Kasturi Sethi Sir, my view is that vlaue of ₹ 10000 per piece means the transaction value excluding all tases payable /paid on the CG.

Rajagopalan Ranganathan on Apr 20, 2016

sir, In my reply dated 20.4.2016 please read tases as taxes. The error is regretted.

KASTURI SETHI on Apr 21, 2016

Sir,

There is neither the word, 'Transaction' nor the word, 'price' in the notification issued. However, I can assume that Sh. Ranganathan, Sir, may be right.

DR.MARIAPPAN GOVINDARAJAN on Apr 21, 2016

I endorse the views of Shri Rajagopalan.

Suryanarayana Sathineni on Apr 21, 2016

Dear Friend ,

In my view it is the Assessable value/Transaction value of the piece and not the invoice value.

The word indicated in the Rule is "Value" and not the cost to consider invoice value.

Best Regards

Suryanarayana

arbs sarma on Apr 21, 2016

Thank you sirs for expressing your views.

Ganeshan Kalyani on Apr 21, 2016

Sir I would like learn what is the difference between 'Value' and 'Cost' ?

Suryanarayana Sathineni on Apr 22, 2016

Dear Kalyan Ji

In general parlance, the value represents the assessable / transaction value for the purpose of payment of duty and the cost represents the total amount paid to a particular material which includes, duties, other taxes and freight and other handling charges . This differentiation is generally considered while inventorizing the material in the books of accounts.

Best regards

Suryanaryana

Ganeshan Kalyani on Apr 22, 2016

Sri Surya Sir thanks a lot for clarifying my doubts. Thanks.

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