A sale leaves a bill behind it. A gift leaves nothing. Two hundred diya sets go out with festive
purchases, forty boxes of dry fruit go to clients, every member of staff takes home a hamper, and
by the middle of November the only evidence is a gap in the stock.
The GST rules do not treat that gap as nothing.
Rule 56(2) of the CGST Rules says the accounts of stock a registered person
maintains shall contain particulars of goods "lost, stolen, destroyed, written off or disposed of by
way of gift or free sample". Gifts and free samples are named. A giveaway is a stock movement, and
it has to be written down like any other.
And if it is not written down? Section 35(6) says that where a
registered person fails to account for goods, the proper officer shall determine the tax payable on
the goods not accounted for "as if such goods or services or both had been supplied by such
person". Read plainly, stock that has left and appears in no record can be treated as stock you
sold. How that applies to your books is a question for your accountant, and the register is what
they will ask to see.
The record also has to answer for the credit. Section 17(5)(h) of the CGST Act says
input tax credit is not available on goods disposed of by way of gift or
free samples. So the GST you paid when you bought those diya sets is a
blocked credit, and the register is where you record whether you
claimed it, and what was done about it if you had.
Staff gifts carry one more line. The proviso to entry 2 of Schedule I
says gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an
employee shall not be treated as supply. The year is the trap: a Diwali hamper is counted with whatever
that employee was given in April. The Staff Gift Tracker adds it up for each person.
This page is about the record, not the offer. A discount, a slab offer and a buy one get one free
are not gifts and do not belong in this register. They go on the invoice, and our
Diwali Sale GST Invoice Format covers how each one is billed. For
choosing the offer itself, see our guides to
Diwali offers that increase sales and
festive season retail sales.