Facultyid 112 Supply Under GST 2 1708324818
Facultyid 112 Supply Under GST 2 1708324818
2
Pagdi Exempt
system
New Tenant
Portion of tenancy
tenancy rights
Tenancy premium + Periodic Rent
Surrender of
Taxable
premium
Exempt
4
Example of agreeing to the obligation to
REFRAIN from an act
A builder refraining from constructing more than a certain
number of floors, even though permitted to do so by the
municipal authorities, against a compensation paid by the
neighbouring housing project, which wants to protect its
sunlight, or an industrial unit refraining from manufacturing
activity during certain hours against an agreed compensation
paid by a neighbouring school, which wants to avoid noise
during those hours.
5
Example of agreeing to the obligation to
TOLERATE an act or a situation
• A shopkeeper allowing a hawker to operate from
the common pavement in front of his shop against a
monthly payment by the hawker.
• An RWA tolerating the use of loud speakers for early
morning prayers by a school located in the colony
subject to the school paying an agreed sum to the
RWA as compensation.
6
Example of agreeing to the obligation to DO an
act
Where an industrial unit agrees to install equipment
for zero emission/discharge at the behest of the RWA
of a neighbouring residential complex against a
consideration paid by such RWA, even though the
emission/discharge from the industrial unit was within
permissible limits and there was no legal obligation
upon the individual unit to do so.
7
Conditions
8
Taxability of Liquidated Damages
9
Examples
10
Taxability of some other transactions
Cheque Penalty
Bond amount
dishonor fine/ imposed for
by an employee
penalty violation of laws
11
Taxability of Fixed charges for power
13
Schedule –III
Neither supply of goods nor supply of services
Services by employee to employer in course of employment.
Services by Court/Tribunal
Functions performed by Members of Parliament/State Legislature/Panchayats/Municipalities
and other local authorities
Funeral/burial/crematorium/mortuary including transportation of the deceased.
Sale of land and, subject to para 5(b) of Schedule II, sale of building.
Actionable claims, other than betting, gambling and lottery specified actionable claims.
Supply of goods from non-taxable territory to non-taxable territory without entering into
India.
Supply of warehoused goods before clearance for home consumption
Supply of goods by the consignee by endorsement of documents of title to goods, after
dispatch of goods from the port outside India but before clearance for home consumption.
19 February 2024 Board
© THE INSTITUTE OF CHARTERED ACCOUNTANTS OF of Studies (Academic), ICAI
INDIA 14
Schedule –III
Para-1
Services by an employee to the employer in the course of or in relation to
his employment
• Annapurna is a director in Nilgiri Ltd. receiving
remuneration which is declared as salaries in the books
of the company and subject to TDS under section 192 of
the Income-tax Act, 1961. In this case, services provided
by Annapurna to Nilgiri Ltd. are in course of her
employment with the company.
IN COURSE OF EMPLOYMENT
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 15
Schedule –III
Para-1
Services by an employee to the employer in the course of or in relation to
his employment
• Perquisites provided by the employer
to its employees in terms of
contractual agreement entered into
between the employer and the
employee are in lieu of the services
provided by employee to the employer
in relation to his employment.
IN COURSE OF EMPLOYMENT
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 16
Schedule –III
Para-1
Services by an employee to the employer in the course of or in relation to
his employment
• Services provided on contract basis by a person to
another i.e. principal-to-principal basis
• Any amount paid by employer to employee for not
joining a competing business is paid for providing the
service of forbearance to act.
• President of India
• Vice President of India
• Prime Minister of India
• Governors
• Chief Justice of India
• Speaker of the Lok Sabha
• Chief Election Commissioner
• Comptroller and Auditor General of India
• Chairman of Union Public Service Commission
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 20
• Attorney General of India
Schedule –III
Para-3(a)
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.
Specified
Gaming
Lottery
Money
Online
Actionable
Claims
Gambling
Casinos
Betting
Supply
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 24
Schedule –III
Para-6
Actionable claims, other than specified actionable claims.
NOT
Claims for
Insurance Claim Arrears of rent Specified
future rents Actionable
Claims
Activity in relation
to Panchayat/
Municipality
functions
entrusted in
Constitution
27
Sarvanna & Sons wishes to start
supplying alcoholic liquor for human
consumption in the State of Tamil Nadu.
Therefore, it applies for license to the
Tamil Nadu Government for selling liquor
for which the State Government has
charged specified fee from it. Examine
whether the grant of alcoholic liquor
license by the Tamil Nadu Government to
Sarvanna & Sons qualifies as supply.
28
Non-supplies notified vide circular
Inter-State movement of
• various modes of conveyance
• including rigs, tools and spares, and all goods
on wheels [like cranes]
• between distinct persons
• carrying goods/passengers
• for repairs and maintenance
• such movement should not be for further
supply of conveyance
Is it for a No No
Is it an activity specified
consideration? under Schedule I?
Yes Yes
Is it in course No
or furtherance
Is it in course Is it No of business?
or furtherance import of
No
of business? service?
Yes
Yes Yes
Is it an activity specified in No
Schedule III or section Activity is Activity is
7(2)(b)? Supply NOT Supply
Yes
© THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 19 February 2024 31
Supply Leviable to GST
Supply must be
made by a
taxable person
Supply
Leviable to
Supply must be GST
a taxable
supply
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 32
Composite Supplies
• If the nature of services is such that one of the services is the MAIN
SERVICE and the other services combined with such service are in the
nature of INCIDENTAL OR ANCILLARY SERVICES which help in better
enjoyment of the main service, then it would be treated as services
bundled in the ordinary course of business.
• Service of stay in a hotel is often combined with provision of breakfast and
dinner provided free of cost during the stay. Such service is an ancillary
service to the provision of hotel accommodation and the resultant package
would be treated as services naturally bundled in the ordinary course of
business.
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 36
Other Illustrative Indicators
The different elements are integral to one overall supply. If one or more is removed, the
nature of the supply would be affected.
19 February 2024
Examples
Poshaak Manufacturers entered into a contract with Cheeku Ltd. for supply of readymade
shirts packed in designer boxes at Cheeku Ltd.’s outlet. Further, Poshaak Manufacturers
would also get them insured during transit. In this case, supply of goods, packing materials,
transport & insurance is a composite supply wherein supply of goods is principal supply.
When a consumer buys a television set and he also gets mandatory warranty and a
maintenance contract with the TV, this supply is a composite supply. In this example, supply
of TV is the principal supply, warranty and maintenance services are ancillary.
A travel ticket from Mumbai to Delhi may include service of food being served on board, free
insurance, and the use of airport lounge. In this case, the transportation of passenger,
constitutes the pre-dominant element of the composite supply, and is treated as the
principal supply and all other supplies are ancillary.
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 39
Example
Rati Computers supplies laptop (worth Rs. 52,000)
alongwith laptop bag (worth Rs. 4,000) to all its customers
for Rs. 55,000. Being naturally bundled, supply of laptop
bag along with the laptop is composite supply which is
treated as the supply of the principal supply [viz. laptop].
Assuming that the rate of tax applicable on laptop is 18%
and on laptop bag is 28%, in the given case, rate of principal
supply, i.e. laptop @ 18% will be charged on the entire
value of Rs. 55,000.
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 40
Clarification regarding Printing industry
A house is given on rent through a single rent deed - one floor of which is to
be used as residence and the other for housing a printing press, at a lump
sum rent amount. Such renting for two different purposes is not naturally
bundled in the ordinary course of business. Said supplies are mixed supply.
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 48
Example
Sringaar Enterprises supplies 10,000 kits (at Rs. 50 each) amounting to Rs.
5,00,000 to Raghav General Store. Each kit consists of 1 shampoo, 1 face
wash and 1 kajal pencil. It is a mixed supply and is treated as supply of that
particular supply which attracts highest tax rate. Assuming that the rate of
tax applicable on shampoo is 18%, on face wash is 28% and on kajal pencil is
12%, in the given case, highest tax rate [viz. face wash] @ 28% will be
charged on the entire value of Rs. 5,00,000.
Time!
Time!
Time!
19 February 2024
CGST and SGST
© THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 56
Quiz
Quiz time!
Time!
19 February 2024
CGST and UTGST
© THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 57
Quiz
Quiz time!
Time!
19 February 2024
CGST and SGST
© THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 58
Quiz
Quiz time!
Time!
Which of the following taxes are NOT subsumed in GST?
(i) Central Sales Tax
(ii) Service Tax
(iii) Entertainment Tax levied by local bodies
(iv) Value Added Tax
(v) Customs Duty
Choose the most appropriate option.
(b)(iii) and (c)(i) and (d)(i), (ii)
(a)(v)
(v) (v) and (iv)
Time!
Which of the following taxes are subsumed in GST?
(i) Luxury Tax
(ii) Entry Tax
(iii) Entertainment Tax levied by local bodies
(iv) Value Added Tax
(v) Purchase Tax
hoose the most appropriate option.
Time!
Time!
Time!
Time!
Time!
Time!
Time!
Time!
Time!
Time!
Time!
19 February 2024
Sulekha Manufacturers have a
factory in Delhi and a depot in
Mumbai. Both these
establishments are registered in
respective States. Finished goods
are sent from factory in Delhi to
the Mumbai depot without
consideration so that the same
can be sold from the depot.
Examine whether the said activity
would amount to supply under
section 7 read with Schedule I
19 February 2024 © THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA 73
Raman is an architect in Chennai.
His brother who is settled in
London is a well-known lawyer.
Raman has taken legal advice from
him free of cost with regard to his
family dispute. Examine whether
the said activity would amount to
supply under section 7 read with
Schedule I
Would your answer be different if
in the above case, Raman has taken
advice in respect of his business
unit in Chennai?
74
Which of the following services received, in the course or
furtherance of business, without consideration amount to
supply?
76
Which of the following
statements is true under GST
law?
(i) Grand-parents are never
considered as related persons to
their grand-son/grand-daughter
(ii) Grand-parents are always
considered as related persons to
their grand-son/grand-daughter
(iii) Grand-parents are considered
as related persons to their grand-
son/grand-daughter only if they
are wholly dependent on their
grand-son/grand-daughter
(iv) Grand-parents are considered
as related persons to their grand-
son/grand-daughter only if they
are not dependent on their
grand-son/grand-daughter
77
Determine which of the following
independent transactions even if made
without consideration in terms of Schedule
I of the CGST Act, 2017, will be deemed as
supply?
(i) AB & Associates transfers stock of goods
from its Mumbai branch to Kolkata depot
for sale of such goods at the depot.
(ii) Mr. Raghuveer, a dealer of air-
conditioners permanently transfers the
motor vehicle free of cost. ITC on said
motor vehicle was blocked and therefore,
was not availed.
(iii) Mrs. Riddhi, an employee of Sun Ltd.,
received gift from her employer on the
occasion of Diwali worth Rs.21,000.
THANK YOU