Understanding the Concept of Supply under GST

Understanding the Concept of Supply under GST

In this Article, we would like to give you the basis understanding about the term “Supply” under the GST Law. As we know that tax is to be levied at taxable event. The taxable event under existing indirect tax laws is ‘manufacture’ for levy of excise duty, ‘Sale’ for levy of VAT/Sale tax etc. Under the GST Law various taxable event such as manufacture or sale shall stand subsumed in one taxable event known as “Supply”. As per GST Law liability to pay CGST/SGST on goods/services depend upon at the time of supply for goods/services.

Also see: Time of Supply of Goods / Services under GST Law

Supply has been defining under section 3 of GST Act.

As per Section 3 (1): –

A. Supply Includes –
a. All forms of supply of goods and/or services such as sale, transfer, barter, exchange, licence, 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 Services for a consideration.
c. Supply of Goods/Services specified under Schedule I, made or agree to be made without a consideration.

 

Schedule I of GST Law specified the following types of transaction that to be treated as supply even if made without consideration.

1. Permanent Transfer or disposal of business assets where input tax credit has been availed on such assets.
2. Supply of goods or service between related persons or distinct persons as specified in section 10 for example inter-state self-supplies such stock transfers will be taxable as a taxable person has to take state wise registration. However, Intra-state self-supplies are not taxable.
3. Supply of goods by a principal to his agents where agents undertakes to supply such goods on behalf of the principal
4. Supply of goods by an agent to his principal where the agents undertakes to receive such goods on behalf of the principal.
5. Importation of services by a taxable person from a related person or from any of his other establishments outside India, in the course or furtherance of business.

 

As per Section 3 (2): –

Schedule II specified the matters mentioned therein is to be treated as supply of Goods or Services.

“Also see: Schedule II – Matters to be treated as Supply of Goods or Services

As per Section 3 (3): –

Notwithstanding anything contained in sub-section (1) activities or transaction specified in Schedule III or activities or transaction undertaken by the Central Government, a State Government or any local authority as specified in Schedule IV, shall be treated neither as a supply of goods nor a supply of services.

“Also see: Schedule III –  Transactions which shall be treated neither as a supply of goods nor a supply of services.

Also see: Schedule IV – Transactions undertaken by the Government which shall be treated neither as a supply of goods nor a supply of services.

As per Section 3 (4): –

Subject to Section 3(2) and Section 3(3), the Central or State Government may specify by notification that transaction to be treated as: –

  • A supply of goods and not as supply of services or
  • A Supply of services and not as supply of goods or
  • Neither a supply of goods nor a supply of services.

As per Section 3 (5): –

The tax liability on a composite or a mixed supply shall be determined in the following manner: –

  • 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;
  • a mixed supply comprising two or more supplies shall be treated as supply of that particular supply which attracts the highest rate of tax.

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