Transactions to be treated as Supply of Goods & Supply of Services. Year 2017 is the year of changes, challenges and opportunities for our professional colleagues with GST underway. In this article you may find complete details for list of all supplies treated as goods and services in GST Regime…Now check more details from below….
Supply of Goods
Means where goods are supplied continuously under a contract, whether through wire, cable, pipeline or not and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may specify
- Supplier shall issue an invoice before or at the time of:
- For – Removal of goods for supply to the recipient
- Ex-Factory – Delivery of goods or making them available to the recipient, in any other case,
Supply of Service
Means where services are supplied continuously under a contract, for a period exceeding 3 months with periodic payment obligations and includes supply of such services as the Government may specify
- Supplier shall issue an invoice :
- Before or
- After provision of service
- But within 30 days of date of supply service
Transactions to be treated as Supply of Goods & Supply of Services
Transactions to be treated as Supply of Goods
- Transfer of Title in Goods
- Hire Purchase Transactions
- Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration.
- Transfer or disposal of business assets 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
- where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless –
- the business is transferred as a going concern to another person; or
- the business is carried on by a personal representative who is deemed to be a taxable person.
Transactions to be treated as Supply of Services
- Transfer 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 applied to another person’s goods
- 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
- Renting of Immovable Property
- 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 after its first occupation, whichever is earlier.
- temporary transfer or permitting the use or enjoyment of any intellectual property right
- development, design, programming, customisation, 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 as defined in clause (119) of section 2 of CGST Act
- Supply of Food or any other article for human consumption or any drink (other than alcohol liquor for human consumption) by way of service or as an part of activity
Activities or Transactions not to be treated as Supply of Goods or Supply of Services
- Services by an employee to the employer in the course of or in relation to his employment.
- Services by any court or Tribunal established under any law for the time being in force.
- Functions performed by the MP, MLA, Members of Panchayats, Members of Municipalities and Members of other local authorities
- the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity
- 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 and who is not deemed as an employee before the commencement of this Act
- Services of funeral, burial, crematorium or mortuary including transportation of the deceased.
- Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
- Actionable claims, other than lottery, betting and gambling
- Such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council.
We have shared all valuable information of Section 127 of GST Act 2017. We hope our article will be helpful for you to understand the Section 127 of GST.