GST Circular No. 04/2024: Clarification on valuation of supply of import of services by a related person where recipient is eligible to full input tax credit.

GST Circular No 210/2024

According to Schedule I of the CGST Act, imported services from related persons or establishments are considered a supply even if provided without consideration. Trade representatives have raised concerns about field formations demanding tax on reverse charge for such services, despite no consideration being involved and no supply being recognized in India.

To clarify, for services imported from related foreign entities where the recipient in India is eligible for full input tax credit (ITC), the value of these services should be deemed as the open market value. If the invoice is not issued, the value may be considered as Nil, aligning with the same treatment given to domestic related parties. This ensures consistency in valuation and compliance with the CGST Rules.

In summary, the invoice value for imported services from related foreign entities, when full ITC is

available, should be treated as open market value. If no invoice is issued, the value should be deemed Nil, following the rules outlined in Circular No. 199/11/2023-GST.

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