Every Diwali, the same conversation happens twice. First in the shop, where someone decides the
offer: twenty per cent off, a free diya set, two boxes for the price of one. Then at the counter,
where someone has to turn that into a bill. The second conversation is the one that decides what you
pay, and it is usually had by whoever is standing at the till.
Start with the discount, because it is the one most often got wrong.
Section 15(3)(a) of the CGST Act excludes a discount from the value of a
supply only where it is given before or at the time of the supply and has been duly recorded
in the invoice issued in respect of that supply. Both halves matter. Announce the offer on a poster,
take twenty per cent less at the counter, and raise the bill for the full amount, and you have paid
GST on money that never reached you. The discount is not a marketing line. It is an invoice line.
A staggered offer works the same way. In
Circular 92/11/2019-GST the Board takes the familiar festive structure as
its example, ten per cent above five thousand rupees and more above ten, and records that such
discounts "are shown on the invoice itself". So buy more, save more is billed exactly like a flat
discount: the slab that actually applied goes on the line.
Then the free gift, which is where the money quietly goes. The same circular confirms that goods
given free of cost, without any consideration, are not a supply at all, so there is no GST to charge
on the diya set. What it also says, in the same paragraph, is that
section 17(5)(h) disallows input tax credit on goods disposed of by way of
gift or free samples. The gift is not taxed and the credit on it is gone. That is the real price of
the offer, and it does not appear anywhere until the return.
Two cases in Schedule I pull a giveaway back inside GST, and both are
live at Diwali. The first is staff gifts: the proviso to entry 2 keeps a gift from an employer to an
employee outside GST only up to fifty thousand rupees in value per employee in a financial year, and
above that it is treated as a supply even though nothing was charged. The second is entry 1, which
treats the permanent disposal of business assets as a supply where input tax credit has been availed
on them. So goods you claimed credit on and then gave away are not outside GST at all. If your Diwali
giving runs to staff as well as customers, that is the line to check before you buy.
The one almost everybody mis-bills is buy one get one free. It feels like a free item, so it gets
billed as a zero-rupee line. The circular is blunt: it "is not an individual supply of free goods but
a case of two or more individual supplies where a single price is being charged for the entire
supply". Two goods for the price of one. The tax follows section 8, as a
composite or a mixed supply, and the circular confirms that input tax credit stays available. List
both items, charge the one price.
Last, the discount nobody planned. If you decide after the sale that a customer should have paid
less, the invoice is already issued and cannot be rewritten. That is a secondary discount in the
circular's language, and it runs through a credit note under
section 34(1), which says the supplier "may issue" one. Read
section 15(3)(b) before you promise it, though, because the credit note is
only half the condition: the discount leaves the value of supply only if the note is issued
and the input tax credit attributable to it has been reversed by the recipient. That second
half is the buyer's action, not yours, so it is worth agreeing before the offer is made rather than
after. Our Credit and Debit Note Management template covers the mechanics and
the outer date for the tax adjustment.
None of this decides your offer. A discount, a gift and a buy-one-get-one can all be the right
commercial answer in different shops, and our guides to
Diwali offers that increase sales and
Diwali menu ideas cover choosing it. What the law decides is what each one
does to your taxable value and your credit once you have chosen, which is worth knowing before the
rush rather than after it. If you want
the full set of billing formats rather than the festive one, our
GST Invoice Template Pack carries the tax invoice, the bill of supply and
the export invoice; our guide to GST billing covers the day-to-day side.