GKB Lens (P.) Ltd. – 2018 (13) G.S.T.L. 343 (A.A.R. – GST – West Bengal)

Transfer of goods from Head Office to its branches in other states, can be done at cost price, by applying the second proviso to Rule 28 of CGST Rules, 2017 (instead of 90 % of MRP as required under the First Proviso to Rule 28 of CGST Rules, 2017.

Facts: The applicant is a re-seller and importer of sun glasses, frames, lenses, contact lenses, etc. having head office in West Bengal, goods namely, optical lenses and frames for spectacles and accessories are transferred from the head office in West Bengal to its branches in other States.

Issue: Whether the transfer of goods (optical lenses and frames for spectacles and accessories) from Head Office in West Bengal to its branches in other states, can be done at cost price, by applying the second proviso to Rule 28 of CGST Rules, 2017 (instead of 90 % of MRP as required under the First Proviso to Rule 28 of CGST Rules, 2017.

Held: AAR held that the Applicant has the option of not supplying goods to its branches under the First Proviso of Rule 28 and is eligible to value these goods by applying the terms of the Second Proviso to Rule 28 of GST Act.

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