Remove ‘ related persons ’ from Rule 2 of GST Valuation Rules – ICAI – GST Rules Issue 2

By | May 9, 2017
(Last Updated On: May 9, 2017)

Value of supply in case of supply between distinct persons or related persons

 

Rule 2 [Draft Valuation Rules ] provides for a mechanism to arrive at a value in case of distinct persons and related persons by following the same options as available in Rule 1.

Issue

While supply between distinct persons being covered by this rule is workable, supply between ‘ related persons ’ may be excluded from this rule. When a supply is between related persons , the issue is regarding extraneous consideration flowing between them and as such, Rule 1. alone may be sufficient to address this issue. By including ‘related persons’ also in Rule 2 , the availability of this rule will attract all related party supplies to be dragged into valuation review without establishing that there is some extraneous consideration defeating Section 15. And if extraneous consideration is established, then Rule 1 is sufficient

Also, the relief from proviso to Rule 2 is adequate for valuation between distinct persons and not in the case of related persons.

Suggestion

It is suggested the term ‘related persons’ be removed from the scope of Rule 2

Source ICAI Suggestions on GST Rules Submitted to Govt of India

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