The Central Goods and Service Tax Act, 2017 was notified on 12th April 2017. State GST Laws will be passed by the States on similar lines. The Government is working overtime to bring the indirect tax reform from the 1st July 2017.
In the GST Law, the taxable event would be SUPPLY. Under the existing laws there were multiple taxable events, i.e. manufacturing, provision of services, sales, etc. Under the GST law a single taxable event ‘supply’ will replace the multiple taxable events. Hence it is the most important part of the GST law, as it will determine the taxability or otherwise in the GST law.
Let us discuss the concept of Supply, as provided under the CGST Act. The definition of Supply in the CGST Act, is an inclusive one. It is contained in Section 7 of the CGST Act. Apart from Section 7, Schedules I to III are provided which explain various provisions related to supply.
SUPPLY includes 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.
IMPORT OF SERVICES
- To be treated as supply if received for a consideration, whether for personal use or business use.
- However if import of services is received without any consideration, then it will be treated as supply if it is received by a Taxable person from a related person or from any of his other establishment outside India, and it is in course or furtherance of business.
ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION
- Permanent transfer/disposal of business assets where input tax credit has been availed on such assets.
- Supply of goods or services between related persons, or between distinct persons as specified in section 25, when made in the course or furtherance of business. The value of supply in such case shall be open market value of such supply. If open market value is not available, be the value of supply of goods or services of the like kind and quality. If value is still not determinable, it will be as determined by application of rule 4 or rule 5 of Determination of Value of Supply Rules.
- Supply of goods—
- by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal, or
- by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal.
The Value of Supply of goods between the principal and his agent shall be the open market value of the goods being supplied, or at the option of the supplier, be 90% of the price charged for the supply of goods of like kind and quality by the recipient to his customer.
ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES.
Activities to be treated as Supply of Goods
- Any transfer of the title in Goods.
- Any transfer of title in goods under an agreement which stipulates that property in goods will pass at a future date upon payment of full consideration as agreed
- 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.
- Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration.
- Where person ceases to be taxable person, any goods forming part of assets of business, shall be deemed to be supplied by him, immediately before he ceases to be taxable person. (However the clause will not apply if business is transferred as going concern to another person or it is carried on by personal representative who is deemed to be a taxable person).
Activities to be treated as Supply of Services
- Any transfer of goods or of right in goods or of undivided share in goods without the transfer of title thereof.
- Any lease, tenancy, easement, licence to occupy land.
- Any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly.
- Any treatment or process which is being applied to another person’s goods (Job Work)
- 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.
- Construction of a complex, building, civil structure or a part thereof, including a complex or building 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 before its first occupation, whichever is earlier.
- Renting of Immovable Property
- Temporary transfer or permitting the use or enjoyment of any intellectual property right;
- Development, design, programming, customization, adaptation, upgradation, enhancement, implementation of information technology software;
- Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act;
- 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;
- Works contract including transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; and
- 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.
ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
- Services by an employee to the employer in the course of or in relation to his employment.
- Gifts upto Rs.50000/- in value in a Financial Year, by an employer to an employee.
- Services by any Court or Tribunal established under any law for the time being in force.
- The functions performed by the MP/MLA/MLC/ Members of Local Bodies.
- 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.
- Duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity.
- Services of funeral, burial, crematorium or mortuary including transportation of the Deceased
- Sale of Land
- Sale of Building (However Construction of complex or building intended for sale to a buyer and part of the consideration is received before completion, then it will be treated as Supply of Services)
- Actionable claims, other than lottery, betting and gambling.
- Such activities or transactions undertaken by the Central Government, a State Government, or local authority in which they are engaged as public authorities, as may be notified by the Central or State Govt, upon the recommendation of the Council.
The concepts of Composite Supply and Mixed Supply have been introduced in the Model GST Law.
COMPOSITE SUPPLY means a supply made by a taxable person to a recipient comprising two or more supplies of goods or services, 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;
Illustration : Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is the principal supply.
A composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply.
MIXED SUPPLY means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply;
Illustration: A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drink and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately.
A mixed supply comprising two or more supplies shall be treated as supply of that particular supply which attracts the highest rate of tax.
DISCLAIMER: The contents of this article have been prepared on the basis of the relevant provisions and as per the information existing at the time of preparation. The article has been prepared on the basis of CGST Act, 2017 and Draft Rules of GST released by the Govt. The views of the author are personal and cannot be relied upon before any authority, without the written permission of the author. The article is meant for general guidance and the author disclaims any liability for any loss arising to any person acting or refraining from acting on the basis of any material contained in this article. It is recommended that professional advice be sought based on specific facts and circumstances.
(Author: CA. Mohit Gaba, N. K. GABA & Co. Chartered Accountants. The author can be reached at firstname.lastname@example.org, M: +919872473334)