CGST Rules Rule 28 — Value of supply of goods or services or both between distinct or related persons

CGST Rules, 2017  ·  Value of supply of goods or services or both between distinct or related persons

CGST Rules 2 Amendments

Quick Answer

Rule 28 of the CGST Rules, 2017 governs Value of supply of goods or services or both between distinct or related persons. It establishes the detailed procedural framework and compliance requirements necessary to implement the corresponding provisions of the CGST Act. Rule 28 CGST: Value of supply of goods or services or both between — eligibility, conditions, case laws and compliance impact under Indian tax law.

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Amendments 2
(1)1 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.
(2) Notwithstanding anything contained in sub-rule (1), the value of supply of services by a supplier to a recipient who is a related person 1located in India2, by way of providing corporate guarantee to any banking company or financial institution on behalf of the said recipient, shall be deemed to be one per cent of the amount of such guarantee offered 1per annum2, or the actual consideration, whichever is higher.1located in India2, by way of providing corporate guarantee to any banking company or financial institution on behalf of the said recipient, shall be deemed to be one per cent of the amount of such guarantee offered per annum2, or the actual consideration, whichever is higher.] Provided that where the recipient is eligible for full input tax credit, the value declared in the invoice shall be deemed to be the value of said supply of services.2

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Amendment History

12Superscript numbers in the text mark amended passages — click them to jump here. Click "↑ view in text" to jump back.
1
2021↑ view in text

Inserted vide Notification No. 52/2021 - CT dated 26.10.2023.

2
2024↑ view in text

Inserted vide Notification No. 12/2024 - CT dated 10.07.2024 w.e.f. 26.10.2023.

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