mvramana
(Student)
(285 Points)
Replied 03 May 2020
Yes Mr.Pankaj Rawat it is Sec.14 of Customs Act
it's typo
But this app does not allow to post immediately after posting one reply by same person and we have to wait and can do next posting only after some one gives any reply.
In fact it is a flaw in this App.
Resulting to our discussion, we agree:
For Expert supply of goods, CBIC rate; and
For Export supply of services, RBI rate.
Other point you brought w.r.t Rule 32(2):
Money Exchanger etc., have no other option except to take RBI rate.
In fact, He has to consider only RBI rate.
Because, the said rule talks about the determination of VALUE OF THE SUPPLY OF SERVICES and it does not talk about which exchange rate need to considered.
The activity of buying and sale of currency other than INR is a Service as per Sec.2(102) of CGST Act. And hence the RBI exchange rate only has to be adopted.
Further, as per your observations as noted above, small exporters making export services are taking Banker Exchange Rate.
As per me, Banker also shall adopt RBI rate. But the problem is for small exporters and ours duty is to check the time of supply which is more relevant for GST perspective for such export supply of service.
Any contra view, please revert🙏