Navigating GST: Supply Valuation Between Related Persons
Gain insights into the complexities of GST regulations governing the supply of goods and services among related entities, ensuring compliance and efficiency.

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Created: 10th July, 2025 6:10 AM, last update:10th July, 2025 6:10 AM
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Understanding Related Persons Under GST
In the realm of Goods and Services Tax (GST), the definition of ‘related persons’ includes businesses that, while legally distinct, operate under common ownership or control. For instance, multinational corporations with branches in various states must comply with GST regulations by securing separate registrations in each jurisdiction. A notable example is the TATA Group, where entities such as TATA Steel and TATA Motors, though legally independent, are deemed related due to their shared parent company, TATA Sons.
Valuation of Supply Between Related Entities
When determining the value of supply between related entities under GST, several valuation methods are employed to ensure fairness:
Open Market Value (OMV): This is the primary method utilized and refers to the price typically charged in the open market for the supplied goods or services. It serves as a benchmark for establishing fair value in transactions.
Value of Similar Goods or Services: In cases where OMV is not available, businesses can refer to similar goods or services of the same kind and quantity to determine the supply value. This method allows flexibility in valuation based on market data.
Cost Method or Residual Method: If neither of the previous methods is applicable, the value can be established using either the cost incurred to provide the goods or services or through the residual method, which considers the overall financial outcome of the transaction.
It is important to note that if the recipient of the supplied goods or services qualifies for a full input tax credit, the invoice value is regarded as the OMV for GST purposes. This provision safeguards transactions conducted in good faith under GST regulations.
Practical Example for Clarity
To illustrate, consider a scenario where TATA Steel supplies goods valued at Rs. 1,50,000, representing the OMV, to TATA Motors for only Rs. 1,00,000. TATA Motors can claim the full GST amount of Rs. 18,000 (calculated at 18% on Rs. 1,00,000) as input tax credit. In this instance, the invoiced amount would be recognized for GST valuation. Consequently, when TATA Motors sells to its customers, it can only claim the input credit based on the tax paid earlier, Rs. 18,000, rather than what would have been applicable had the transactions been valued at the OMV.
Conclusion
Grasping how to value supplies between related persons under GST is crucial for businesses aiming to maintain compliance and optimize their tax liabilities. By employing the appropriate valuation methods and understanding the implications of input tax credits, businesses can ensure a smoother operational framework while navigating the complexities of GST regulations. Furthermore, companies may benefit from exploring trademark registration to secure their brand identity as they engage in these transactions.
Frequently Asked Questions
What qualifies as 'related persons' under GST?
Under GST regulations, 'related persons' refer to entities that are legally distinct but share common ownership or control. This often includes branches or subsidiaries of a parent company. For instance, companies like TATA Steel and TATA Motors operate independently but are classified as related due to their affiliation with TATA Sons. Understanding this classification is essential for compliance with GST regulations, as it can influence the valuation of supplies between these entities.
How do you determine the value of supply between related entities?
Determining the value of supply between related entities under GST involves several methods. The primary method is the Open Market Value (OMV), which reflects the typical market price for the goods or services. If OMV isn't available, businesses can look at the value of similar goods or services. If neither is applicable, they can use the cost method, considering the costs incurred to provide the goods or services. Understanding these methods can help ensure compliance and fairness in transactions.
What is Open Market Value (OMV) and why is it important?
Open Market Value (OMV) is the price that is typically charged in the open market for supplied goods or services. It serves as a benchmark for determining fair value in transactions between related entities. The importance of OMV lies in its role in ensuring that transactions are valued fairly, preventing potential manipulation of prices, and facilitating an appropriate tax calculation. When related entities transact, using OMV helps maintain compliance with GST regulations and ensures that input tax credits are accurately accounted for.
What happens if the invoiced amount is lower than the Open Market Value?
If the invoiced amount between related entities is lower than the Open Market Value (OMV), the GST regulations still recognize the OMV for tax purposes. For instance, if TATA Steel supplies goods valued at Rs. 1,50,000 (OMV) to TATA Motors for only Rs. 1,00,000, TATA Motors can claim input tax credit based on the invoiced amount. However, this could lead to complications when TATA Motors sells the goods to customers, as they can only claim credits on the tax paid earlier. It's crucial for businesses to understand these dynamics to ensure compliance.
Can businesses choose any valuation method for goods supplied under GST?
Not exactly. While businesses do have some flexibility in choosing valuation methods under GST, they must follow a hierarchy of methods. The primary method is Open Market Value (OMV). If OMV isn't available, businesses should use the value of similar goods or services. If neither of those methods applies, they can consider the cost method or the residual method. It's essential to select the most appropriate method that reflects fair value to comply with GST regulations and optimize tax liabilities.
How does input tax credit work for related entities under GST?
Input tax credit (ITC) allows businesses to claim back the GST paid on purchases used for taxable supplies. In transactions between related entities, if the recipient qualifies for full ITC, the invoiced amount is treated as the Open Market Value (OMV) for GST purposes. For example, if TATA Motors receives goods valued at Rs. 1,00,000 with a GST of Rs. 18,000, they can claim this credit. However, the claimed amount is tied to the invoiced sum, so it's crucial for businesses to maintain accurate valuations to ensure they maximize their ITC without running afoul of GST laws.
What are the consequences of misvaluing supplies between related entities?
Misvaluing supplies between related entities can lead to significant consequences under GST regulations. If transactions are undervalued, it may result in lower GST liabilities, which could trigger audits or investigations by tax authorities. Additionally, businesses might face penalties, interest on unpaid taxes, or even denial of input tax credits. It's vital for companies to adhere strictly to the appropriate valuation methods to ensure compliance and avoid potential legal and financial repercussions associated with misvaluation.
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