CMA Intermediate · Direct and Indirect Taxation
Computation of GST Liability: formula sheet
Key formulas
- Composite supply (Section 8(a))
- Tax rate on whole bundle = rate applicable to the principal supply
- Applies only when the items are naturally bundled in the ordinary course of business and one is the principal supply.
- Mixed supply (Section 8(b))
- Tax rate on whole bundle = highest rate among the individual items
- Applies when items are supplied together for a single price but are not naturally bundled.
- Tax liability
- GST = value of the whole supply × applicable rate
- Use one rate on the full bundle value. Do not split the price item by item.
- Definition test
- Naturally bundled + one main item = composite; otherwise single price package = mixed
- Decide the classification first, then apply the rate rule.
- Transaction value (s.15(1))
- Value of supply = price actually paid or payable
- Applies only if supplier and recipient are not related and price is the sole consideration.
- Taxable value
- Taxable value = Price + s.15(2) inclusions − s.15(3) eligible discounts
- Add inclusions only if not already in the price.
- GST payable on supply
- GST = Taxable value × GST rate
- The rate is CGST + SGST for intra-State supply, or IGST for inter-State supply.
- Inclusions (s.15(2))
- (a) other-law taxes charged separately; (b) supplier's liability borne by recipient; (c) incidental expenses incl. commission and packing; (d) interest, late fee, penalty for delayed payment; (e) subsidies linked to price, except Central/State Government subsidies
- Remember them as five heads, a to e.
- Post-supply discount test (s.15(3)(b))
- Excluded only if: agreement at or before supply + linked to invoices + recipient reversed ITC
- All three conditions must be met.
- Related persons (Explanation)
- Includes directors of each other's businesses, partners, employer-employee, 25% or more voting stock held in both, control, common control, family members, sole agent/distributor/concessionaire
- If related, price may not be the transaction value; valuation rules apply.
- Output tax
- Output tax = Taxable value × GST rate
- Intra-State: split into CGST and SGST (UTGST in a Union territory). Inter-State: all IGST.
- Net GST payable
- Net GST payable = Output tax (incl. reverse charge) − ITC utilised
- Reverse charge tax cannot be paid from credit ledger. Pay it in cash.
- Order for IGST liability
- IGST credit first → then CGST credit and SGST credit left after their own heads are paid
- IGST credit is used first on IGST liability. CGST or SGST credit goes to IGST only after CGST or SGST liability is paid.
- Order for CGST liability
- CGST: IGST credit balance after IGST is paid, then own CGST credit first, with any CGST credit left going to IGST
- IGST credit may pay CGST. CGST credit pays CGST first, then IGST. SGST credit can never pay CGST.
- Order for SGST liability
- SGST: IGST credit balance after IGST is paid, then own SGST credit first, with any SGST credit left going to IGST
- SGST credit pays SGST first, then IGST. CGST credit can never pay SGST.
- Eligible ITC
- Eligible ITC = Total input tax − blocked credit − credit not available (e.g. exempt use, apportioned)
- Compute credit head wise, not as one pool.
- General rule (Section 90)
- Firm liable ⇒ Firm + each partner = jointly and severally liable
- Applies to tax, interest or penalty, notwithstanding any contract to the contrary and any other law.
- First proviso: retiring partner
- Retired partner liable for dues up to the date of retirement (determined or not on that date)
- Requires written intimation of the retirement date to the Commissioner by the partner or the firm.
- Second proviso: late intimation
- No intimation within 1 month of retirement ⇒ liability continues until the date the Commissioner receives the intimation
- The one month runs from the date of retirement.
- LLP treated as firm
- LLP under the LLP Act, 2008 = firm (Section 94, Explanation)
- So the Chapter's firm provisions extend to an LLP.
- Section 146: purposes of the portal
- Common Portal = registration + payment of tax + returns + computation and settlement of integrated tax + electronic way bill + other prescribed functions
- Notified by the Government on the recommendations of the Council.
- Section 49(1): deposits
- Deposit (internet banking / credit or debit card / NEFT / RTGS / other prescribed mode) → electronic cash ledger
- The date of credit to the Government's account in the authorised bank is the date of deposit in the ledger.
- Section 49(2): input tax credit
- Self-assessed ITC in return → electronic credit ledger
- Credit ledger can be used only for output tax under the CGST or IGST Act (section 49(4)).
- Section 49(5): ITC utilisation order
- IGST credit: IGST, then CGST, then SGST/UTGST. CGST credit: CGST, then IGST. SGST/UTGST credit: SGST/UTGST, then IGST.
- CGST credit cannot pay SGST/UTGST and SGST/UTGST credit cannot pay CGST. SGST or UTGST credit pays IGST only if CGST credit balance is not available for IGST.
- Section 49(8): order of discharge
- (a) self-assessed tax and dues of earlier periods; (b) self-assessed tax and dues of current period; (c) any other amount, including demands under section 73, 74 or 74A
- Tax dues exclude interest, fee and penalty; other dues are interest, penalty, fee or any other amount.
- Section 158A: consent
- Sharing with notified systems needs supplier consent; recipient consent too for invoice and outward supply details
- Sharing does not affect liability to pay tax.
Quick revision
- Composite supply: naturally bundled supplies, taxed at the rate of the principal supply.
- Mixed supply: bundled supplies that are not naturally bundled, taxed at the rate of the supply with the highest rate.
- Value of supply starts with the transaction value, meaning the price actually paid or payable when the parties are unrelated and price is the sole consideration.
- Check items added to value, such as incidental expenses and taxes other than GST, and items excluded, such as discounts allowed under the stated conditions.
- Output tax equals taxable value multiplied by the applicable rate.
- Intrastate supply attracts CGST and SGST; interstate supply attracts IGST.
- Net GST payable equals output tax less eligible input tax credit.
- Never take credit on blocked items or on ineligible purchases.
- Follow the prescribed order for using IGST, CGST and SGST credit.
- Partners of a firm are jointly and severally liable to pay tax, interest or penalty due from the firm.
- The common portal is used for registration, returns, payments and other furnishing of information.
- Show working step by step for step marks.
Common mistakes
- Treating a single-price bundle as composite just because items are sold together. Fix: Check natural bundling in the ordinary course of business. If none, it is mixed.
- Taking the highest rate for a composite supply. Fix: Composite means principal supply rate. Highest rate is only for mixed.
- Deducting every discount from the price. Fix: Check timing. Before or at supply, it must be recorded on the invoice. After supply, all three conditions of s.15(3)(b) must be met, including the ITC reversal.
- Adding packing or commission charges only when the question says 'extra'. Fix: Incidental expenses charged by the supplier, including commission and packing, are included under s.15(2)(c) if not already in the price.
- Setting off CGST credit against SGST liability, or SGST credit against CGST Fix: Remember the bar: CGST and SGST credits cross-utilise only through IGST, never directly.
- Using CGST or SGST credit on IGST before IGST credit is exhausted against IGST Fix: Always use IGST credit first on IGST liability, then on CGST or SGST.
- Saying each partner is liable only in proportion to profit share. Fix: Remember joint and several means the whole amount can be recovered from any one partner. Profit shares matter only between partners.
- Believing a clause in the partnership deed can limit liability to the department. Fix: Quote the words notwithstanding any contract to the contrary and any other law. The deed binds partners among themselves only.
- Saying the portal is set up by the GST Council. Fix: The Government notifies the portal, on the recommendations of the Council.
- Using the electronic credit ledger to pay interest or penalty. Fix: Credit ledger pays output tax only (Section 49(4)). Interest, penalty and fees need the cash ledger.
Exam tips
- Always write the classification (composite or mixed) and the reason before the rate. Step marks sit there.
- Quote Section 8 of the CGST Act in your answer, but cite sub-clauses only if you are sure of them.
- In MCQs, look for the words naturally bundled or single price to decide the class quickly.
- Remember that principal supply is decided by the nature of the transaction, not simply by value.
- Show the final split into CGST and SGST or IGST if the place of supply is given.
- In MCQs, hunt for the trap: a post-supply discount with a missing condition, or a Government subsidy that is not included.
- In written answers, name the sub-section for each addition or deduction. The reason often carries the mark.
- Always check the relationship of the parties first. A one-line statement on this earns marks.