The Meaning and Scope of Supply - Section 7
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....on.--For the purposes of this clause, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any Court, tribunal or authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another; Example A: There are 4 members in the JV including the operating member and each one contributes Rs 100 as part of their share. A total amount of Rs 400 is collected. The operating member purchases machinery for Rs 400 for the JV to be used in oil production. Example A will not be the subject matter of GST....
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....on, whether commercial or otherwise. Thus, determining whether a transaction falls under scope of supply is most important to decide GST applicability of the transaction. The term Supply has been inclusively defined in the Act. The meaning and scope of supply under GST can be understood in terms of following six parameters, which can be adopted to characterize a transaction as supply: 1. Supply of goods or services. Supply of anything other than goods or services does not attract GST 2. Supply should be made for a consideration 3. Supply should be made in the course or furtherance of business 4. Supply should be made by a taxable person 5. Supply should be a taxable supply 6. Supply b....
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....ut tax credit (ITC) availability in cases involving Warranty/ Extended Warranty, in furtherance to Circular No. 195/07/2023-GST dated 17.07.2023. [ Circular No. 216/10/2024-GST dated 26.06.2024 ] • Clarification as to whether in case of motor vehicle insurance, GST is payable by the insurance company on salvage/ wreckage value earmarked in the claim assessment of the damage caused to the motor vehicle. [ Circular No. 215/9/2024-GST dated 26.06.2024 ] • In case where the insurance contract provides for settlement of claim on full IDV, without deduction of value of salvage/ wreck, the insured will be paid for full claim amount without any deductions on account of salvage value. • In s....
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....ers Pvt. Ltd. (2018 (10) TMI 1313 - Appellate Authority For Advance Ruling, Kerala) it was held that, the supply of food items to the employees for consideration in the canteen run by the appellant company would come under the definition of 'supply' and would be taxable under GST. • Constitutionally valid of retrospective amendments to Section 7(1)(aa) and Section 2(17)(e) of the CGST Act, 2017 and applicability of doctrine of Mutuality [ Indian Medical Association, Kerala Versus Union Of India 2025 (4) TMI 872 - Kerala High Court ] Section 7(1A) - Deemed supply Inserted by Finance Act, 2018 w.e..f. 1.7.2017 where certain activities or transactions constitute a supply....
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.... 14/2017-Central Tax (Rate) dated 28-06-2017 "Services by way of any activity in relation to a function entrusted to a Panchayat under article 243G of the Constitution " Shall be treated as neither a supply of goods nor supply of service. • Clarification on GST on license fee charged by the States for grant of Liquor licences to vendors. [ Circular No. 121/40/2019-GST dated 11.10.2019 ] • Case law • IN RE: M/S. TIRUPPUR CITY MUNICIPAL CORPORATION (2021 (6) TMI 562 - Authority For Advance Ruling, Tamilnadu) • The activity (1) Fee from Parks; (2) Market fee-daily; (3) Market fee-weekly; or Fish - Fee weekly (4) Fees for bays in bus-stand; (7....
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