Taxability of holding company shares: holding shares in a subsidiary is not a GST supply absent an actual supply. Securities, including shares, are neither goods nor services under the RGST Act; mere holding, purchase or sale of shares by a holding company in its subsidiary does not constitute a supply. SAC classification (e.g., services by holding companies) does not alone create a taxable service; a taxable service requires an actual supply as defined in the RGST Act, and therefore holding shares per se cannot be taxed under GST.
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Provisions expressly mentioned in the judgment/order text.
Taxability of holding company shares: holding shares in a subsidiary is not a GST supply absent an actual supply.
Securities, including shares, are neither goods nor services under the RGST Act; mere holding, purchase or sale of shares by a holding company in its subsidiary does not constitute a supply. SAC classification (e.g., services by holding companies) does not alone create a taxable service; a taxable service requires an actual supply as defined in the RGST Act, and therefore holding shares per se cannot be taxed under GST.
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