Tax left over

Definition of Supply under GST

Analysis: Supply is the term replaced for the term sale; no scope has been left for
any confusion and the definition includes every term which shall be coined as sale. Even
the supply which is made or agreed to be made without a consideration will also amount
to sale.

Any transfer of title to goods is a supply of goods, transfer of right to use goods
[section 4(8) of APVAT Act, 2005], Hire purchase transactions, transfer of business
assets are also brought under the ambit of term ‘supply’ as per Schedule II.

1.Supply includes

(a)all forms of supply of goods and/or services such as sale, transfer, barter, exchange,
license, rental, lease or disposal made or agreed to be made for a consideration by a
person in the course or furtherance of business,

(b)importation of service, whether or not for a consideration and whether or not

in the course or furtherance of business, and

(c) a supply specified in Schedule I, made or agreed to be made without a

consideration

2.Schedule II, in respect of matters mentioned therein, shall apply for determining what
is, or is to be treated as a supply of goods or a supply of services.

Activities which are not Supply

Activities and transactions specified in Schedule III –

 Services by an employee to the employer in the course of or in relation to his

employment;

 Services of funeral, burial, crematorium or mortuary including transportation of

the deceased.

 Actionable claims, other than lottery, betting and gambling

 Sale of land / Sale of building after occupation or completion will not attract
GST. Thus, sale of building before completion or before occupancy will attract
GST
 Such activities or transactions 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.

Deemed Supply of Goods & Services

Following matters will be treated as deemed supply of goods and services and will
attract GST :

1.In case of Transfer of title in goods, OR, Right in goods, OR of undivided share in
goods without the transfer of title, OR, transfer under an agreement which stipulates that
property will pass at a future date upon payment of full consideration

2.In case of Land & Building, – Any lease, tenancy, easement, license to occupy land
or building ( both for commercial or residential purpose, fully or partly)

3.Treatment or Process , which is being applied to another person’s goods is a supply

4.Transfer of Business Assets – Where goods forming part of the assets of a

business are transferred or disposed of, and are no longer forming part of
business OR Where goods held for business are put to use for any private use, in such
a way, as not for business OR Where any person ceases to be a taxable person, any
goods earlier forming part of business, unless (a) the business is transferred as a going
concern to another person, or (b) the business is carried on by a personal representative
who is deemed to be a taxable person With or Without for a Consideration

5.Supply of Services – Following shall be treated as deemed “supply of Services” :

 renting of immovable property;

 construction of a complex, building, civil structure or a part thereof, including a

complex or building intended for a sale to a buyer, wholly or partly, except
where the entire consideration has been received after issuance of completion
certificate;

 Temporary transfer or permitting the use or enjoyment of any intellectual

property right;

6.Composite Supply – Following shall be treated as deemed “supply of Services” :

o works contract as defined in section 2 (119) of CGST Act

o 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.

7.Supply of goods – supply of goods by any unincorporated association or body of

persons to a member thereof for cash, deferred payment or other valuable
consideration.

Inward Supply or Purchases– “Inward Supply” in relation to a person, shall mean

receipt of goods and/or services whether by purchase, acquisition or any other means
and whether or not for any consideration

Outward Supply or Sales – “Outward Supply” in relation to a person, shall mean

supply of goods and/or services, whether by sale, transfer, barter, exchange, license,
rental, lease or disposal made or agreed to be made by such person in the course or
furtherance of business

Continuous Supply – Means a supply of services which is provided, or agreed to be

provided, continuously or on recurrent basis, under a contract, for a period exceeding
three months with periodic payment obligations and includes supply of such services
as the Government may, subject to such conditions, by notification, specify.

‘Fringe benefits’ to employees & directors under GST

Supply of Goods or Services between related persons will be supply even if made
without consideration – Para 2 of Schedule I of CGST Act . Also, employer &
employee are related persons as per 15 of CGST Act.

Further, para 4(b) of Schedule II of CGST Act, states that 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.

This will cover “ Fringe Benefits” given to employees or directors by a company and
should be subject to GST. This is a back-door entry for FBT, which was earlier in Income
Tax Act, and was very litigative.