Many messages circulating on social media claim that while buying new jewellery by exchanging old gold, GST is payable only on the difference (value addition) between the old and new jewellery.
This statement is misleading and not fully correct under the GST law.
When the jeweller sells new jewellery:
The claim “GST is applicable only on the difference (value addition)” is not legally supported.
Example:
If a customer buys new jewellery worth ₹1,00,000 and gives old gold worth ₹80,000 as exchange,
then the net payment is ₹20,000.
However, GST is still calculated on ₹1,00,000, not on ₹20,000, because the jeweller’s supply value is ₹1,00,000.
Reason:
Under Section 15 of the CGST Act, 2017, the taxable value is the transaction value of the supply, not the net difference after trade-in.
Only if the jeweller purchases the old gold separately under a buy-back invoice and issues another invoice for new jewellery, both transactions being independent, the two supplies may be treated distinctly.
As per Section 2(30) and Section 8(a) of the CGST Act:
When two or more supplies are naturally bundled and supplied together in the ordinary course of business, the supply is treated as a composite supply, and the GST rate applicable to the principal supply applies to the whole.
Hence, when gold and making charges are billed together, it becomes a composite supply, with gold being the principal supply, and the entire amount (gold + making charges) is taxed at 3% GST.
If the customer gives his own gold and the jeweller only performs the making work:
Type of Transaction | Nature | GST Rate | Reference |
|---|---|---|---|
| Sale of new gold/silver jewellery (including making charges) | Composite supply (goods + service) | 3% | Notif. 1/2017 - CT (Rate) |
| Job work (making only, using customer’s gold) | Service | 5% | Notif. 11/2017 - CT (Rate) |
| Custom design / advanced artistic service | Independent service | 18% | Notif. 11/2017 - CT (Rate) |
Dr. Muhammed Mustafa C T
Senior Tax Consultant & Managing Director - BRQ Associates
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“Educating India for Better Tax Compliance.”
(Note: Information compiled above is based on my understanding and review. Any suggestions to improve above information are welcome with folded hands, with appreciation in advance. All readers are requested to form their considered views based on their own study before deciding conclusively in the matter. Team BRQ ASSOCIATES & Author disclaim all liability in respect to actions taken or not taken based on any or all the contents of this article to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.)
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