Supply classification under Schedule II: transfers with future title are goods, leases and tenancy rights are services liable to GST. Section 7(1A) read with para 2 of Schedule II treats transfers of property in goods at a future date (including hire purchase and finance-lease arrangements that transfer substantially all risks and rewards) as supply of goods, while any lease, tenancy, easement or licence to occupy land or letting out of buildings is a supply of services. Classification hinges on substance (transfer of title, risks and rewards, lease term, present value of payments). Administrative guidance confirms tenancy-right transfers for consideration are taxable as services, notwithstanding stamp duty or registration.
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Provisions expressly mentioned in the judgment/order text.
Supply classification under Schedule II: transfers with future title are goods, leases and tenancy rights are services liable to GST.
Section 7(1A) read with para 2 of Schedule II treats transfers of property in goods at a future date (including hire purchase and finance-lease arrangements that transfer substantially all risks and rewards) as supply of goods, while any lease, tenancy, easement or licence to occupy land or letting out of buildings is a supply of services. Classification hinges on substance (transfer of title, risks and rewards, lease term, present value of payments). Administrative guidance confirms tenancy-right transfers for consideration are taxable as services, notwithstanding stamp duty or registration.
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