Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 12-1-2017 – Supply is wider term used in GST law as the GST is based on Supply only. Now the question arises what is supply. Supply is transfer of goods and services on which GST will be imposed. Supply has been mainly defined in Section 3 of GST law subject to Schedule- I to IV. Therefore to understand supply of goods and services it is more important to under stand the Schedule- I to IV also whether particular supply is goods or service and there are situations supply shall not constitute as supply and out of the ambit of GST. Supply has been defined in Section 2[95] as follows; Supply shall have the meaning as assigned to it in section 3. Scope of Supply [Section 3] 1. Supply includes A] all forms of supply and /or services such as Sale Transfer Barter Exchange License Rental Lease or disposal Made or agreed to be made for consideration by person in the course or furtherance of business. B] importation of services for c
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the principal or from agent to principal where agent receive the goods on behalf of principal . importation of service by taxable person from related person or his establishment outside India in the course or furtherance of business. Supply shall be treated as supply of Goods or Services [ Schedule-II ] Transfer Transfer of title in goods is supply of goods Transfer of goods or right in goods or of undivided share in goods with out the transfer of title is supply of service Transfer of title in goods under agreement that the property will pass at future date on payment of full consideration shall be supply of goods Land and Building Lease , tenancy, easement, license to occupy land is supply of services Lease, letting out of building whether industrial, commercial or residential complex for business or commerce is supply of services. Treatment of Process Any treatment or process of other person goods is supply of services. Transfer of Business Assets Goods forming part of business asse
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r any authority authorized to issue completion certificate namely architect registered under Architect Act , Chartered Engineer registered with Institute of Engineers, License Surveyor of the local body of city or town. Construction include here addition, alteration, replacement, remodeling of any existing civil structure Temporary transfer or permitting the use of or enjoyment of any intellectual property right. Development, design, programming, customization, adoption, upgradation, enhancement, implementation of information technology software. Refrain from act, tolerate an act or situation or to do an act. Work contract including transfer of property in goods involve in the execution of work contract. Transfer of right to use any goods for any purpose for specified period or not, for cash, deferred payment or other valuable consideration. Supply by way of or as part of service or in other manner whatsoever, of goods, being food or any other article for human consumption or any drink
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ent , State Government or any Local Authority which shall be treated as neither supply of goods nor supply of services………… [Schedule -IV] Services provided by Government or Local authority to another Govt. or Local Authority excluding the following. Service by department of post by way of speed post, express parcel post, life insurance and agency services. Service in relation to aircraft or vessel Transport of goods or passenger Service provided by Govt. or Local authority to individual for discharge of its statutory power or function Issuance of passport , Visa, driving license, birth certificate or death certificate Assignment of right to use natural resources to individual farmer for the purpose of agriculture Services provided by Government or Local authority or Govt. Authority by way of Activity related to function provided to Municipality Activity related to function provided to Panchayat Health care and education Service provided by Govt. towards Dipl
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