OCT Pvt. Ltd. is a registered company and have retail store of merchandise located in 25 States in the country. For the purpose of clearance of…

CA Intermediate · Taxation · MTP · May 2025
OCT Pvt. Ltd. is a registered company and have retail store of merchandise located in 25 States in the country. For the purpose of clearance of stock of merchandise and to attract consumers, OCT Pvt. Ltd. launched scheme of “Buy One Get One Free” for the same type of merchandise, for instance, one shirt to be given free with purchase of one shirt. For saving cost, OCT Pvt. Ltd. directly purchases merchandise from the manufacturers. In the month of May, to save employee cost, OCT Pvt. Ltd. purchased a tempo traveller worth - 12,00,000 with seating capacity of 25 persons (including driver) for transportation of its employees. Further, to ensure the well-being of its employees, OCT Pvt. Ltd. voluntarily obtained the health insurance cover of 2,00,000 for each employee in the same month. The premium of 1,500 per employee has been paid by the company for 100 employees. In the month of July, Mr. Raghav, a customer of the company, filed a law suit in the Court, against the company for not supplying goods of the value of 1,00,000. OCT Pvt. Ltd. engaged Mr. Ram, an advocate, to represent it in Court for an agreed consideration of 25,000. As per the terms of the contract, Mr. Ram issued an invoice on 5th July. However, consideration was not paid till February next year. All the amounts given above are excluding taxes and all transactions are intra-State transactions. Rates of taxes are CGST - 9% and SGST – 9%. However, for tempo traveller, the rates of taxes are CGST - 14% and SGST – 14%. Based on the facts of the case scenario given above, choose the most appropriate answer to Q. Nos. 1 to 3 below:
(A) It will not be considered as supply at all since no consideration is involved in one of the items.
(B) Supply of item for which consideration is charged is a supply under section 7 of the CGST Act, 2017 while supply of the other item supplied free of cost is not a supply.
(C) These are two individual supplies where a single price is charged for the entire supply. Since a single price is charged, the same will always be taxed as a mixed supply.
(D) These are two individual supplies where a single price is charged for the entire supply. Their taxability will depend upon as to whether the supply is a composite supply or a mixed supply.

Suggested Answer and Working Notes:

Correct Answer: Option (D)

These are two individual supplies where a single price is charged for the entire supply. Their taxability will depend upon as to whether the supply is a composite supply or a mixed supply.

Topics: Paper 3B: Goods and Services Tax

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