• Discount

Manufacturer A supplies to B a material for Rs300+28%gst
B normally supplies to all customers at Rs.330+28%gst
B supplies to customers C and D at Rs200+28%gst and Rs250+28%gst which is below his purchase rate because manufacturer A commits a discount by way of contract to C an D because of their higher consumption sale.
So effectively in the transaction from B to C and and B to D the output GST is lower than input GST.

In my case there are plenty of these C and D. Therefore my Tax Consultant says that this defeats the purpose of value addition in the chain and loss of revenue to the Government. He says that I should collect the GST on the discounted value as well that is 28% of Rs.100 discount given to C and 28% of Rs50 discount given to D. Manufacturer A says it is not required.
Asked 6 years ago in GST

Discounts like trade discount, quantity discount etc. are part of the normal trade and commerce. Therefore, pre-supply discounts i.e. discounts recorded in the invoice have been allowed to be excluded while determining the taxable value.

Discounts provided after the supply can also be excluded while determining the taxable value, provided two conditions are met, namely:

(a) discount is established in terms of a pre supply agreement between the supplier & the recipient and such discount is linked to relevant invoices

(b) input tax credit attributable to the discounts is reversed by the recipient

This applies when the buyer and seller are not related parties and price is the sole consideration.

Thus, in case C and D are not related to you, you need not collect the GST on the discounted value i.e. 28% of Rs.100 discount given to C and 28% of Rs.50 discount given to D.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Hi,

In my opinion, it does not defeat any purpose if C and D are not the ultimate customer. Because when B and C will sale it to the the ultimate customer, they will charge GST on sale price (suppose INR 400) and government will receive the due taxes because B and C will have lesser ITC to adjust.

From plain reading also, discounts given before the supply is deductible from transaction value if it is appearing on the invoice.

Please feel free to call revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Co.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Hello,

It is not required to do so. You can claim a refund for the credit available in your e-ledger.

But yes on the Income Tax Front it will be difficult for you to explain as to why are you charging them lower than what you have availed the goods for.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

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