The term actionable claim has not been defined under GST law. It has same meaning as mentioned in section 3 of Transfer of Property Act 1882.
As per section 3 of transfer of property Act 1882, “Actionable claim” means a claim to any debt, other than
- a debt secured by mortgage of immoveable property or
- by hypothecation or pledge of moveable property, or
- to any beneficial interest in moveable property not in the possession,
- either actual or constructive, of the claimant,
- which the Civil Courts recognise as affording grounds for relief,
- whether such debt or beneficial interest be existent, accruing, conditional or contingent.
Actionable claim means a claim for any debt which is related to any benefit arising out from any movable property which is not in possession and for which relief can be claimed in civil court.
Further It means that for which action is necessary to take the claim of it and if any action for its realisation being not taken then it can’t be said as actionable claim.
√ It means that Claim of secured debt is not actionable claim.
√ “Beneficial interest in moveable property” is a right or expectancy in movable property.
Actionable claim is a goods and definition of goods under GST specifically includes actionable claim but as per Schedule III of CGST Act 2017, Actionable Claims other than lottery, betting and gambling are neither as supply of goods or services.
It Means only activates relating to lottery, betting and gambling will subject to GST and except these 3, no actionable claim will be cover under GST by virtue of schedule III.
Below are some examples of Actionable claims: –
- Insurance Policy which is not secured by way of mortgage or hypothecation or pledge
- Claim for arrear of rent is actionable claim since it is not secured on anything.
- Right to claim provident fund
- Claim for unsecured debt
- Claim in profit by partner in firm
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