Question 3:
Thanks for prompt reply , however we are not clear in the following query
replies received from you. Hence it is again requested to re-visit :
Query No. 2 : Supply of goods to related party or Group Companies. We want to
convey you that in case of supply of finished goods or services to a Group
Companies or related parties as per the balance sheet what should be the
valuation method . you have referred to follow Section 7 of CGST Act, 2017 which
prescribes - " Scope of Supply " which does not specify any provisions for
supply to related or Group Company. We supply the goods under cover of invoice
and payment is received invoice wise.
Query No. 3 ; Supply to open market :
We supply goods to our buyer on principle to principle bases our consideration
is wholly in money where as you have referred Rule 27 of CGST Act which
specifies "Value of goods or services where the consideration is not wholly in
money " Further we would also request you to guide whether " Duty under GST can
be paid under protest ' if yes, under what Provision of GST.
Answer: Query no 2 Please see all supplies are covered under section 7
Various registration under same PAN are considered as distinct person As per
section 25(4) of CGSt Act the same is as follow Section 25(4)
A person who has obtained or is required to obtain more than one registration,
whether in one State or Union territory or more than one State or Union
territory shall, in respect of each such registration, be treated as distinct
persons for the purposes of this Act.
Since all these registration are distinct person so you are considering them
different person and paying tax but at the same time valuation rule are to be
followed because they are related parties. .We have quoted relevant Rules which
may apply in most of the cases but generally overlooked In your case if they are
not applicable then it's alright. query 3 Same as above the rules are quoted to
take precaution if not applicable no problem
(Reply dt.18/01/2018)