What constitute supply under CGST/SGST Act?
Necessary elements that constitute supply under CGST/SGST Act
In order to constitute a `Supply`, the following elements required to be satisfied, i.e-
- The activity activity involves supply of goods or services or both,
- The supply is for a consideration unless otherwise specifically provided for,
- The supply is made in the course or furtherance of business,
- The supply is made in the taxable territory,
- The supply is a Taxable supply, and
- The supply is made by a Taxable Person.
Suppose in a transaction any one or more of the above criteria is not fulfilled, still considered as supply under GST? Can you identify any transaction based on this?
Yes, certain transaction such as import of services for a consideration whether or not in the course or furtherance of business (Section 7(1)(b)) or supplied made without consideration, Specified under schedule- I of CGST/SGST Act, where one or more ingredients specified in answer to previous illustration are not satisfied, it shall be treated as supply for levy of GST.
One of the other confusion is that whether Import of GOODS covered under scope of supply of Goods as per Section 7 of the CGST Act, 2017 and whether GST is levied on import of GOODS?
So, Here is your answer
Import of GOODS is not covered under the scope of "Supply of Goods" as per section 7 of the CGST Act, 2017.
Import of Goods is dealt separately under the Customs Act, 1962, wherein IGST shall be levied on import as additional duty of custom in addition to basic custom duty under the Custom Tariff Act, 1975.

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