As per the Determination of Value Supply, Open Market Value has to be considered for some transactions and OMV is “open market value” of a supply of goods or services or both means the full value in money, excluding the integrated tax, central tax, State tax, Union territory tax and the cess payable by a person in a transaction, where the supplier and the recipient of the supply are not related and price is the sole consideration, to obtain such supply at the same time when the supply being valued is made.
As per the Draft Determination of Value of Supply Rules, valuation in case of related parties or distinct parties or through an agent, the value of supply of goods or services or both is the open market value, if the same is not available then the value of same or similar quality of goods or services and in case if the same is not available then it can be derived based on cost plus 10%.
As per the draft Determination of the Value of Supply, if the open market value is not known or the total amount of consideration in money or kind is also not known at the time of supply, valuation can be determined for the value of supply of goods or services or both on supply of similar goods or services for similar quality.
As per the draft Determination of Value of Supply, for a supply if the open market value is not available then the consideration received in cash or in kind or sum of both is to be considered for the transaction value and taxes are applicable on the transaction value.
As per the draft Determination of Value of Supply Rules, where the supply of goods or services is for consideration not wholly money, the value of supply shall be the open market value.