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Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

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Futures Contract Turnover is included in GST turnover

Harshit Sanghvi

Person has been dealing in Futures in stock market where one lot sale value is 10lacs. Whether this turnover is included while computing aggregate turnover in GST as the person will be having professional income too but less than 20 lacs.

Please guide

Inclusion of futures turnover in GST aggregate turnover debated: competing views on whether securities treatment excludes futures. Whether turnover from futures contracts is included in GST Aggregate Turnover for threshold exemption depends on whether futures receipts qualify as consideration for a taxable supply. One view advocates clubbing futures receipts with other professional income to compute the threshold, while another treats futures as 'securities' outside aggregate turnover and cites departmental clarifications on the taxability of securities transactions. (AI Summary)
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Harshit Sanghvi on Nov 18, 2022

Dear experts please reply

KASTURI SETHI on Nov 18, 2022

Your answer is inherent in the definitions of 'Transaction Value,' 'Consideration' 'Aggregate Value' and scope of 'threshold exemption limit' and definition and scope of 'supply'. Pl. go through all the above in CGST Act and then post your query again.

My view

Both will be clubbed to arrive at threshold exemption limit.

Shilpi Jain on Nov 21, 2022

Futures would be covered under definition of securities  under SCRA. Would not be part of aggregate turnover

KASTURI SETHI on Nov 21, 2022

Dear Querist,

Just for knowledge sake also go through the following circular :-

Taxability of supply of securities under Securities Lending Scheme, 1997 - Clarification

Circular No. 119/38/2019-GST, dated 11-10-2019

 

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