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Amortised cost of tool- inclusion in the value for GST
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....mortised cost of tool- inclusion in the value for GST<br> Query (Issue) Started By: - Ramaswamy S Dated:- 10-11-2017 Last Reply Date:- 22-3-2018 Goods and Services Tax - GST<br>Got 6 Replies<br>GST<br>Erstwhile Excise law the cost of the amortised value of tool is to be added to arrive at the transaction value as per Section 4 read with Valuation rules. Now under Section 15 of the CGST Act read w....
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....ith Rule 27 of the CGST Rules, it appears that the amortised cost ot the tool to be included in the value for GST. GOI Twitter reply to my tweet also says Yes to be included.The tweets of GOI have a disclaimer However, the customers mostly the MNC and auto giants are of the view that under the GST , the amortised cost of the tool is not includible to arrive at the value for GST. Seek your views....
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..... Regards S.Ramaswamy Reply By MARIAPPAN GOVINDARAJAN: The Reply: In my view, it is includible. Reply By Rajagopalan Ranganathan: The Reply: Sir, According to Section 15 (c) of CGST Act, 2017 "incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of go....
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....ods or services or both at the time of, or before delivery of goods or supply of services. Therefore, if the supplier procure the tool as instructed by the recipient, then amortized value of the tool is includible in the transaction value. if the tool is supplied free of cost by the recipient then we can argue that since the supplier has not incurred any expenditure in respect of the tool supplie....
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....d free of cost amortized value of the tool need not be included in the transaction value. However the issue will get settled only through litigation. Reply By CS SANJAY MALHOTRA: The Reply: Endorsed the views of Sh. Rajgopalan as is area of dispute. Reply By Ramaswamy S: The Reply: The supplier himself manufactures the tool as per the design and specification of the customer. The tool so manuf....
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....actured were used in the manufacture of components for the customer. Therefore, the amortised cost of the tool was added to the value of the component when the components were sold to the customer. In the erstwhile law , for the tools exemption under 67/95 CE was claimed and the Local VAT was charged to the customer (even if the customer was outside the state- as the sale of the tool takes place ....
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....within the state). The question is the GST paid on the amortised cost of the tool is allowed as ITC to the customer, then why the customer to insist on non inclusion of the amortised cost. This will diffuse litigation is my view. Regards S.Ramaswamy Reply By KASTURI SETHI: The Reply: There is legal as well as logical substance in the point of Sh.S.Ramaswamy, Sir. "The question is the....
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.... GST paid on the amortised cost of the tool is allowed as ITC to the customer, then why the customer to insist on non inclusion of the amortised cost." On the basis of above ground we can say that the amortised cost is includible in the transaction cost for the purpose of payment of correct GST. So it is better to pay and avoid interest and penalty. Reply By Senguttuvan Kuppusamy: The Repl....
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....y: With respects due to yourself, the payablity doesn't arise from availaibility of ITC. Does the law contemplates while tool is given free of cost requiring the dealer to produce the components using those moulds with a condition that all that he produces can be supplied only to him, then why the dealer amortise the mould cost<br> Discussion Forum - Knowledge Sharing ....