Question
My company sells old machinery and there is a one common director in both
company (buyer and the seller), then how will the determined transition value of
machinery?
Answer
As per explanation given in Section 15 of CGST
Act
(a) persons shall be deemed to be 'related persons' if''
(i) such persons are officers or directors of one another's businesses;
(ii) such persons are legally recognised partners in business;
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Since the two companies have common Director therefore in view of above
explanation this is a transaction between related party. Transaction value is
determined as per Rule 28 of CGST Act which is as follows:
"The value of the supply of goods or services or both between distinct persons
as specified in sub-section (4) and (5) of section 25 or where the supplier and
recipient are related, other than where the supply is made through an agent,
shall-
(a) be the open market value of such supply;
(b) if the open market value is not available, be the value of supply of goods
or services of like kind and quality;
(c) if the value is not determinable under clause (a) or (b), be the value as
determined by the application of rule 30 or rule 31, in that order:
Provided that where the goods are intended for further supply as such by the
recipient, the value shall, at the option of the supplier, be an amount
equivalent to ninety percent of the price charged for the supply of goods of
like kind and quality by the recipient to his customer not being a related
person:
Provided further that where the recipient is eligible for full input tax credit,
the value declared in the invoice shall be deemed to be the open market value of
the goods or services." (Reply dt.04/08/2018)