Circular No. 186/18/2022-GST
F. No. CBIC-20001/2/2022 - GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
New Delhi, Dated the 27th December, 2022
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/
Commissioners of Central Tax (All)
The Principal Directors General/ Directors General (All)
Madam/Sir,
Subject: Clarification on various issue pertaining to GST-reg.
Representations have been received from the field formations seeking clarification on certain issues with respect to –
i. taxability of No Claim Bonus
offered by Insurance companies;
ii. applicability of e-invoicing w.r.t an entity.
2. In order to clarify the issue and to ensure uniformity in the implementation of the provisions of law across the field formations, the Board, in exercise of its powers conferred by section 168 (1) of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “CGST Act”), hereby clarifies the issues as under:
S. No. | Issue | Clarification |
Taxability of No Claim Bonus offered by Insurance companies |
||
1. |
Whether the deduction on account of No Claim Bonus allowed by the insurance company from the insurance premium payable by the insured, can be considered as consideration for the supply provided by the insured to the insurance company, for agreeing to the obligation to refrain from the act of lodging insurance claim during the previous year(s)? |
As per practice
prevailing in the insurance sector, the insurance companies deduct No
Claim Bonus from the gross insurance premium amount, when no claim is
made by the insured person during the previous insurance period(s). |
2. | Whether No Claim Bonus provided by the insurance company to the insured can be considered as an admissible discount for the purpose of determination of value of supply of insurance service provided by the insurance company to the insured? |
As per clause (a) of
sub-section (3) of section 15 of the CGST Act, value of supply shall not
include any discount which is given before or at the time of supply if
such discount has been duly recorded in the invoice issued in respect of
such supply. |
Clarification on applicability of e-invoicing w.r.t an entity |
||
3. |
Whether the exemption from mandatory generation of einvoices in terms of Notification No. 13/2020- Central Tax, dated 21st March, 2020, as amended, is available for the entity as whole, or whether the same is available only in respect of certain supplies made by the said entity? |
In terms of
Notification
No. 13/2020-Central Tax dated 21st March, 2020, as amended,
certain entities/sectors have been exempted from mandatory generation of
e-invoices as per subrule (4) of rule 48 of Central Goods and Services
Tax Rules, 2017. It is hereby clarified that the said exemption from
generation of e-invoices is for the entity as a whole and is not
restricted by the nature of supply being made by the said entity. |
3. It is requested that suitable trade notices may be issued to publicize the contents of this Circular.
4. Difficulty, if any, in implementation of this Circular may please be brought to the notice of the Board. Hindi version would follow.
(Sanjay Mangal)
Principal Commissioner (GST)