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08. Valuation in certain cases

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  • 08. Valuation in certain cases

    8. Valuation in certain cases

    (1) Pure Agent

    (a) Notwithstanding anything contained in these rules, the expenditure or costs incurred by the service provider as a pure agent of the recipient of service, shall be excluded from the value of the taxable service if all the following conditions are satisfied, namely:-

    (i) the service provider acts as a pure agent of the recipient of service when he makes payment to third party for the goods and/or services procured;

    (ii) the recipient of service receives and uses the goods and/or services so procured by the service provider in his capacity as pure agent of the recipient of service;

    (iii) the recipient of service is liable to make payment to the third party;

    (iv) the recipient of service authorises the service provider to make payment on his behalf;

    (v) the recipient of service knows that the goods and/or services for which payment has been made by the service provider shall be provided by the third party;

    (vi) the payment made by the service provider on behalf of the recipient of service has been separately indicated in the invoice issued by the service provider to the recipient of service;

    (vii) the service provider recovers from the recipient of service only such amount as has been paid by him to the third party; and

    (viii) the goods and/or services procured by the service provider from the third party as a pure agent of the recipient of service are in addition to the services he provides on his own account.

    Explanation.- For the purposes of this sub-rule, “pure agent” means a person who–

    (a) enters into a contractual agreement with the recipient of service to act as his pure agent to incur expenditure or costs in the course of providing taxable service;

    (b) neither intends to hold nor holds any title to the goods and/or services so procured or provided as pure agent of the recipient of service;

    (c) does not use such goods and/or services so procured; and

    (d) receives only the actual amount incurred to procure such goods and/or services.

    (2) Money Changer

    The value of taxable service provided for the services in so far as it pertains to purchase or sale of foreign currency, including money changing, shall be determined by the service provider in the following manner:-

    For a currency, when exchanged from, or to, Indian Rupees (INR), the value shall be equal to the difference in the buying rate or the selling rate, as the case may be, and the Reserve Bank of India (RBI) reference rate for that currency at that time, multiplied by the total units of currency:

    Provided that in case where the RBI reference rate for a currency is not available, the value shall be 1% of the gross amount of Indian Rupees provided or received, by the person changing the money:

    Provided further that in case where neither of the currencies exchanged is Indian Rupee, the value shall be equal to 1% of the lesser of the two amounts the person changing the money would have received by converting any of the two currencies into Indian Rupee on that day at the reference rate provided by RBI.
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