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SUPPLY UNDER G.S.T
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taxable event in GST unlike manufacturing or
sale or rendering of services in present indirect
tax laws.
It includes-
all forms of supply of goods and services like sale,
transfer, barter, exchange, licence, rental, lease
or disposal.
Made or agreed to be made for consideration by a
person
TAXABLE EVENT IN EARLIER LAW
A taxable event in a law is the
event, happening of which results in
imposition of tax. ... If a person
earns any income, he is subject to
income-tax and provisions of
such income is exempt from tax.
Under excise duty, taxable event is
manufacturing of goods.
for charging tax. The liability to pay tax arises at
the ‘time of supply of goods or services’. Thus,
determining whether or not a transaction falls
under the meaning of supply, is important to
decide GST’s applicability.
license, rental, lease and disposal. If a person
undertakes either of these transactions during
the course or furtherance of business for
consideration, it will be covered under the
meaning of Supply under GST.
GOODS Section 2(52) of GST Act. “Goods'' means every
kind of movable property other than money and
securities but includes actionable claims ,growing
crops, grass and things attached to or forming
part of the land which are agreed to be severed
before supply or under a contract of supply.
SERVICES Service means anything other than goods, money
and securities but includes the use of money or
its conversion by cash or by any other mode, from
one form, currency or denomination, to another
form, currency or denomination for which a
separate consideration is charged.
“CONSIDERATION”
Any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;
AS PER SECTION-2(31) Provided that a deposit given in respect of
the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply
IMPORTANCE Consideration in GST is the basis for
deciding upon the value of supply of goods
or supply of services
be taxed, except for the specified
transactions as detailed under Schedule I
to IV of Section 3 of the draft GST Act,2016
Consideration is an obligation towards a
supply. But, every payment cannot be
lamented as consideration towards the
taxable supply.
1. TRANSFER OF TITLE IN GOODS :
Any transfer of the title in goods is a supply of goods;
Provisions : X sells fertilizers to Y . The in goods is transferred by X to Y . It is a transaction of supply of goods.
Any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services.
Provisions : X Ltd. Owns a computer. It is given on rent to Y . Ownership is not transferred . X Ltd. Has transferred only right to use computer to Y. It is a transaction of supply of services .
2. Transfer of rights in goods :
3. TRANSFER OF TITLE IN GOODS UNDER
A FORWARD CONTRACT :
Any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods.
Provisions : X enters into an agreement with Y on July 20, 2018. Under this agreement , X will sell 5,000 bags of white cement to Y on December1,2018 at Rs.810 per bag . Title in goods will be transferred to Y at the time of payment of full consideration on December1,2018.This is supply of goods.
4. LEASE/ TENANCY OF LAND AND BUILDING :
Any lease, tenancy, easement, licence to occupy land is a
supply of services.
Provisions : X owns agricultural land . It is given on
lease for non- agricultural purposes to Y on yearly
rent of Rs. 24 lac . This lease is for 3 years . This
transaction is treated as supply of services.
Any lease or letting out of the building including a
commercial, industrial or residential complex for
business or commerce, either wholly or partly, is a
supply of services.
on lease to Y ( monthly lease rent being Rs. 8.5
lac). It is treated as supply of services.
5. Letting out of Land and Building :
6. TREATMENT OR PROCESS/JOB WORK
SERVICES :
another person’s goods is a supply of services.
Where goods forming part of the assets of a business
are transferred or disposed of by or under the
directions of the person carrying on the business so
as no longer to form part of those assets, whether or
not for a consideration, such transfer or disposal is
a supply of goods by the person.
7. Transfer of business assets :
8. USE OF BUSINESS GOODS FOR NON-
BUSINESS USE : Where, by or under the direction of a person carrying on a
business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services.
Where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless—
(i) the business is transferred as a going concern to another person or
(ii) the business is carried on by a personal representative who is deemed to be a taxable person.
9. Treatment of goods after the person(owing the business)ceases to be a taxable person :
10. RENTING OF IMMOVABLE
building, civil structure :
intended for sale to a buyer, wholly or partly, except
where the entire consideration has been received
after issuance of completion certificate, where
required, by the competent authority or after its first
occupation, whichever is earlier.
EXPLANATION FOR THE POINT (11) : (1) the expression “competent authority” means the
Government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely :
(i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972; or
(ii) a chartered engineer registered with the Institution of Engineers (India); or
(iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority;
(2) the expression “construction” includes additions, alterations, replacements or remodelling of any existing civil structure :
(a) temporary transfer or permitting the use or enjoyment of any intellectual property right;
(b) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software;
(c) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and
(d) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
The following composite supplies shall be treated as a supply of services, namely:—
(a) works contract as defined in clause (119) of section 2;
Provisions : X Ltd. owns a commercial flat at Nariman Point , Mumbai . Renovation work of this flat is given to Y for a consideration of Rs.5 Lakh . Renovation work will be done by Y according to design /plan given by X Ltd. Labour and material for the renovation work will be supplied by Y. This is a works contract . By virtue of Schedule II , it is treated as composite supply and chargeable to GST .
(b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration.
12. Composite supply:
namely :
body of persons to a member thereof for cash,
deferred payment or other valuable consideration.
12. Supply of Goods :
WHAT ARE ACTIVITIES OR
CONSIDERATION IS ABSENT
It is applicable if the following points are satisfied :
Supply is made by a taxable person to a taxable /non- taxable person.
Supply is permanent transfer of business assets or permanent disposal of business assets .
In respect of the aforesaid supply , the supplier has availed input tax credit.
Provisions : X is a retail dealer in garments. Out of his business stock , 5 shirts are given free of cost to a friend . Input credit was availed when these shirts were purchased. There is no consideration . However , the supply satisfies the above 3 points .GST is applicable .
2. SUPPLY BETWEEN RELATED
PERSONS OR DISTINCT PERSONS :
related persons or between distinct persons
as specified in section 25, when made in the
course or furtherance of business.
Provided that gifts not exceeding fifty
thousand rupees in value in a financial year
by an employer to an employee shall not be
treated as supply of goods or services or
both.
PRINCIPAL AND AGENTS :
agent undertakes to supply such goods on
behalf of the principal; or
(b) by an agent to his principal where the
agent undertakes to receive such goods on
behalf of the principal.
4. IMPORT OF SERVICES : Import of services by a taxable person from a
related person or from any of his other establishments outside India, in the course or furtherance of business.
Case : X is a businessman . Y , his younger brother , is an interior designer. Presently , he is employed by a multi-national company and posted in Hong Kong (Y is not in practice). X wants to construct a residential house in Pune . Interior designing service is provided by Y from Hong Kong. X does not pay any consideration to Y . GST is not applicable , as import of service by X is not in the course of or furtherance of business (i.e., business of supplier Y).
ACTIVITIES OR
TRANSACTIONS TREATED
GOODS NOR SALE OF
1. Services by an employee to the employer in the
course of or in relation to his employment.
2. Services by any court or Tribunal established
under any law for the time being in force.
3. (a) the functions performed by the Members of
Parliament, Members of State Legislature,
Members of Panchayats, Members of
Municipalities and Members of other local
authorities;
holds any post in pursuance of the provisions of
the Constitution in that capacity; or
c) the duties performed by any person as a Chairperson or a
Member or a Director in a body established by the Central
Government or a State Government or local authority and who is
not deemed as an employee before the commencement of this
clause.
transportation of the deceased.
5. Sale of land and, subject to clause (b) of paragraph 5
of Schedule II, sale of building.
6. Actionable claims, other than lottery, betting and gambling.
7. Supply of goods from a place in the non-taxable territory to
another place in the non-taxable territory without such goods
entering into India.
8. (a) Supply of warehoused goods to any person before clearance
for home consumption; (b) Supply of goods by the consignee to
any other person, by endorsement of documents of title to the
goods, after the goods have been dispatched from the port of
origin located outside India but before clearance for
home consumption.
UNDERTAKEN BY THE CENTRAL GOVERNMENT, A
STATE GOVERNMENT OR ANY LOCAL AUTHORITY
IN WHICH THEY ARE ENGAGED AS PUBLIC
AUTHORITIES, AS MAY BE NOTIFIED BY THE
GOVERNMENT ON THE RECOMMENDATIONS OF
THE COUNCIL, SHALL BE TREATED NEITHER AS A
SUPPLY OF GOODS NOR A SUPPLY OF SERVICES.
PURPOSE OF THE PHRASE ‘IN THE COURSE
OR FURTHERANCE OF BUSINESS’ UNDER
GST Any activity carried out by the entity in the course or
furtherance of business is included in the ambit of
business definition and hence will be considered as
‘supply’ under GST. Further one must check for the
taxability of supply and exemptions.
‘In the course or furtherance’ is not defined, but is broad
enough to cover any supplies made in connection with the
business. The phrase widens the scope of Business
definition to bring more activities in its ambit. Important
to note that any supplies received by a taxable person
used/ consumed in the course or further of business is
eligible for claiming input tax credit.
The phrase further enables the entity to
supply and to receive supplies where the act is
towards achieving the goals of the business.
This impacts the eligibility to claim input tax
credit.
business goals and intentions.
services where the location of the
supplier and the place of supply of
goods are in the same State or same Union
Territory.
Exceptions –
Economic Zone developer or a SEZ unit;
or
or
made to a tourist (section 15)
Territorial waters Where the location of the supplier is in the territorial
waters; or
Where the place of supply is in the territorial waters;
The place of supply will be in the nearest Coastal State or
Union Territory.
Inter-State supply It is a supply of goods or services, where the location of the
supplier and place of supply are in-
Two different States;
A State and a Union territory
It also includes import of goods or services into the
territory of India.
Inter-State supply
It is a supply of goods or services, where the location of the supplier and place of supply are in-
Two different States;
A State and a Union territory
It also includes import of goods or services into the territory of India.
Further, the following shall be treated as an inter-state supply of goods or services:
When the supplier is located in India and the place of supply is outside India;
To or by a Special Economic Zone (SEZ) developer or a SEZ unit; or
In the taxable territory, not being an intra-state supply and not covered elsewhere.
Composite Supply It means a supply made by a taxable
person to a recipient consisting of two or
more taxable supplies of goods or
services or both, or any combination
thereof, which are naturally bundled and
supplied in conjunction with each other
in the ordinary course of business, one of
which is a principal supply.
Mixed Supply It means two or more individual supplies
of goods or services, made in conjunction
with each other by a taxable person for a
single price where such supply does not
constitute a composite supply.
Continuous Supply
Continuous supply is of two types viz., continuous supply of goods and continuous supply of services.
Exempt Supply Exempt Supply of any goods or services
is one which attracts nil rate of tax or
which may be wholly exempt from tax. It
includes non-taxable supply. In the case
of exempt supply in respect of any goods
and/or services, the taxable person shall
not be required to pay tax.
Zero-Rated Supply It means export or supply of goods or
services to a Special Economic
Zone developer or a Special Economic
Zone unit.
which attracts nil rate of tax and is similar to exempt
supply.
Taxable Supply Supply on which tax shall be paid under GST.
In case you are confused about GST as a business
owner, feel free to consult the GST experts at
LegalRaasta. You can get comprehensive assistance
on GST Registration and GST Return Filing. You
can also use our GST software for doing end-to-end
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