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Consideration in sec 2(31) in gst

ACCOUNTANT (Student) (559 Points)

07 April 2020

Consideration doesn't include subsidies received from state or central government... What about subsidies received from partly government authorities like PSU, cooperative societies etc.

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6 Replies

Rajkumar Patel (602 Points)
Replied 07 April 2020

It is not part of consideration. Hence it will be not included in value supply u/s 15 except it has been received from wherever other than goverment i.e Central and State. so Partly GOVERNMENT ENTITY OR SECTOR OR UNIT NOT COVERED IN GOVERNMENT.

RAJA P M ("Do the Right Thing...!!!") (127072 Points)
Replied 08 April 2020

Subsidy is not Atract GST and also in previous Taxes...

Pankaj Rawat (GST Practitioner) (55030 Points)
Replied 08 April 2020

A state-owned enterprise in India is called a public sector undertaking (PSU) or a public sector enterprise. Those companies are owned by the union govt of India or one of the many state or territorial governments or both. The company Stock needs to be majority-owned by the government to be a PSU. PSUs strictly may be classified as central public sector enterprises (CPSEs) or state level public enterprises (SLPEs).

So PSU is definitely cover under Govt Concern.

Now come to your Query , What is Subsidy ???? The subsidy is not defined in GST , but it's kind of Inventive or schemes offered by Govt for the growth & development of business . So the lawmakers have amply cleared that there shall not be any Taxability on subsidies being provided by state or central Govt & the same has been cleared by Section 15(e) of CGST Act , that subsidy provided by govt shall not be included in value of supply.

Hence Any subsidy being provided by govt shall not be included in the value of supply

CA Naveen Chand (Chartered Accountant) (12729 Points)
Replied 09 April 2020

IF Subsidy

directly linked to price

and

received from any person other than Govt. (CG/SG)

then it shall be part of Consideration

CA Naveen Chand (Chartered Accountant) (12729 Points)
Replied 09 April 2020

strictly interpretation of law is saying that subsidies received from any person other than Central Govt OR State Govt shall be part of Consideration.

in your case , it shall be included (my interpretation)

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debora M (BUSINESS DEVELOPMENT MANAGER) (1697 Points)
Replied 01 June 2020

It is not part of consideration.

The Co-operation Department operates and sanctions all State Plan Schemes which is beyond the delegated power of the Registrar of Cooperative Societies. Besides, it also facilitates the recommendation of proposals to outside agencies as per plan, programmes and rules and releases fund through agencies as per conditions of sanctions.

The Co-operation Department does not extend financial assistance in the shape of subsidy to any individual member. All subsidy programmes are directed for Cooperative Societies. For availing the component of subsidy a Cooperative Society needs to apply through the District / Sub-Divisional Offices as per format prescribed by the Directorate. All proposals received are examined in the Office of the Registrar of Cooperative Societies and further re-examination in the Departmental Committee at the State Level depending on the recommendation of the Departmental Committee and subject to power delegated to the Administrative Department, schemes are sanction under the Delegation of Financial Power Rules, 1981 or are refer to Planning / Finance Department for approval and concurrence.