Facts of Case:
The nature of supply is related to renting of the motor vehicle. The service provider will be liable to pay
the expenses of fuel and maintenance of the vehicle. The consideration will be valued basis on the
kilometer traveled by the assessee. Further the expenses paid by the supplier is reimbursed by the
recipient.
The key factors considered in the judgement are abbreviated below:
Judgement: As discussed above, all the consideration including reimbursement of any kind shall form part
of value of supply in view of Section 15 of the CGST Act, 2017 – the service provider has to charge GST on
the whole amount of bill which in the instant case is monthly rental and fuel on mileage basis.
SW Point of View: The judgement is very clear that any kind of reimbursement of expenses by the recipient will be added in the value of supply. Further, the tax payers should also analyze if there are any expenses which are borne by the recipient in the course of making an outward supply and consider the same in calculating the value of supply. Otherwise in the course of scrutiny by the tax authorities, such amount will be considered as a liability and further liability of interest and penalty will also accrue on the said amount, |
Source: IN RE: M/S. UTTARAKHAND PUBLIC FINANCIAL STRENGTHENING PROJECT, AUTHORITY FOR
ADVANCE RULINGS, UTTARAKHAND, 27-03-2023