Question29: A taxpayer has entered into
an agreement with other person for providing some services . Now as per the
agreement the payment terms are Rs. 6000/- per Day + Out of Pocket Expenses
incurred by the taxpayer
Now whether the GST is applicable on Rs. 6000/- or on Rs. ( 6000+Out of Pocket
Expenses )
Answer As per section-15 of CGST Act, the value of supply shall include
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 goods or services or both at the time of,
or before delivery of goods or supply of services.
Therefore GST is charged on Rs (6000+Out of Pocket Expenses).
But If the taxpayer acts as a Pure Agent as per Rule 33 Of CGST Act reproduced
below GST will be applicable on Rs 6000/-.
the expenditure or costs incurred by a supplier as a pure agent of the recipient
of supply shall be excluded from the value of supply, if all the following
conditions are satisfied, namely,-
(i) the supplier acts as a pure agent of the recipient of the supply, when he
makes the payment to the third party on authorisation by such recipient;
(ii) the payment made by the pure agent on behalf of the recipient of supply has
been separately indicated in the invoice issued by the pure agent to the
recipient of service; and
(iii) the supplies procured by the pure agent from the third party as a pure
agent of the recipient of supply are in addition to the services he supplies on
his own account. (Reply dt. 24/4/2018)