Venus Bakery Products Ltd. is doing business of manufacturing and selling of different types of Cakes, Pastries, Biscuits, Cookies and other bakery products through a network of dealers. The bakery sells the goods to the
CS Professional · Advanced Tax Laws and Practice · PYQS · June 2019
Venus Bakery Products Ltd. is doing business of manufacturing and selling of different types of Cakes, Pastries, Biscuits, Cookies and other bakery products through a network of dealers. The bakery sells the goods to the dealers on the price less discount at a standard rate and pays GST accordingly. It offers additional discount on the stocks when goods remain unsold with the dealers as an incentive to push the sales. Can the additional discount so given on unsold stocks be reduced from the price at which the goods were sold and consequential tax adjustments be made?
Answer & Explanation:
Facts of the case: In the given case Venus Bakery Products sold the goods after discount to the dealers. Later on supplier has given additional discount as an incentive to push sales of unsold stocks left with the dealers. Issue: Whether additional discount given by the supplier as an incentive after supply of goods is deductible from the transaction value. Legal provisions: As per section 15(3) any discount is deductible after supply, if following conditions are satisfied: Such discount is established in terms of agreement entered into at or before the time of supply. Such discounts are linked to the relevant invoices. ITC proportionate to such discount is reversed by the recipient. Conclusion: In the given case, Venus Bakery Products has given additional discount after supply of goods which was not agreed at the time of supply. Hence, deduction of such additional discount is not available.
Topics: CGST Act, 2017
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