Central Goods and Services Tax Act, 2017
Chapter III - Levy and Collection of Tax
Section 7 - Scope of supply
7. Scope of supply
(1) For the purposes of this Act, the expression - "supply" includes-
(a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business;
2[(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration.
Explanation.-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;]2
(b) import of services for a consideration whether or not in the course or furtherance of business; 1-a[and]1-a
(c) the activities specified in Schedule I, made or agreed to be made without a consideration; 1-c[*****]1-c
(d) 1-d[******]1-d.
1-a[(1A) where certain activities or transactions constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II.]1-a
(2) Notwithstanding anything contained in sub-section (1),-
(a) activities or transactions specified in Schedule III; or
(b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council,
shall be treated neither as a supply of goods nor a supply of services.
(3) Subject to the provisions of 1-b[sub-sections (1), (1A) and (2)]1-b, the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as -
(a) a supply of goods and not as a supply of services; or
(b) a supply of services and not as a supply of goods.
1-a. Inserted (w.e.f 01.07.2017) vide Section 3 of the Central Goods and Services Tax (Amendment) Act, 2018 - Brought into force on 01st February, 2019.
1-b. Substituted (w.e.f 01.07.2017) vide Section 3 of the Central Goods and Services Tax (Amendment) Act, 2018 - Brought into force on 01st February, 2019 for - "sub-sections (1) and (2)".
1-c. Omitted (w.e.f 01.07.2017) vide Section 3 of the Central Goods and Services Tax (Amendment) Act, 2018 - Brought into force on 01st February, 2019 for "and".
1-d. Omitted (w.e.f 01.07.2017) vide Section 3 of the Central Goods and Services Tax (Amendment) Act, 2018 - Brought into force on 01st February, 2019 for
"(d) the activities to be treated as supply of goods or supply of services as referred to in Schedule II."
2. Inserted (w.e.f. 01.07.2017) vide Section 108 of the Finance Act, 2021 dated 28.03.2021 (Brought into force on 01st January, 2022 vide Notification No. 39/2021-Central Tax, dated 21st December, 2021.)
Act
- Section 75 - General provisions relating to determination of tax
- SCHEDULE I - ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION
- SCHEDULE II - ACTIVITIES OR TRANSACTIONS TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES
- SCHEDULE III - ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
Notifications
- Notification No. 09/2017 - 28-06-2017 - Seeks to bring into force certain sections of the CGST Act, 2017 w.e.f 01.07.2017
- Notification No. 11/2017 - 28-06-2017 - To notify the supplies which shall be treated neither as a supply of goods nor a supply of service under the IGST Act
- Notification No. 14/2017 - 28-06-2017 - To notify the supplies which shall be treated neither as a supply of goods nor a supply of service under the UTGST Act
- Notification No. 14/2017 - 28-06-2017 - To notify the supplies which shall be treated neither as a supply of goods nor a supply of service under the CGST Act
- Notification No. 16/2018 - 26-07-2018 - Seeks to amend notification No. 14/2017- Central Tax (Rate) to notify that services by way of any activity in relation to a function entrusted to a municipality under Article 243W shall be treated neither as a supply of good nor a service
- Notification No. 17/2018 - 26-07-2018 - Seeks to amend notification No. 11/2017- Integrated Tax (Rate) to notify that services by way of any activity in relation to a function entrusted to a municipality under Article 243W shall be treated neither as a supply of good nor a service
- Notification No. 24/2019 - 30-09-2019 - Seeks to notify the grant of alcoholic liquor licence neither a supply of goods nor a supply of service as per Section 20(i) of IGST Act read with Section 7(2) of CGST Act
- Notification No. 25/2019 - 30-09-2019 - Seeks to notify the grant of alcoholic liquor licence neither a supply of goods nor a supply of service as per Section 7(2) of CGST Act, 2017
- Notification No. 25/2019 - 30-09-2019 - Seeks to notify the grant of alcoholic liquor licence neither a supply of goods nor a supply of service as per Section 21(i) of UTGST Act read with Section 7(2) of CGST Act, 2017.
Circulars
- Circular No. 121/40/2019-GST - 11-10-2019 - Clarification related to supply of grant of alcoholic liquor license
- Circular No. 215/09/2024-GST - 26-06-2024 - Clarification on taxability of wreck and salvage values in motor insurance claims.
- Circular No. 218/12/2024-GST - 26-06-2024 - Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person.
- Circular No. 125/44/2019 - GST - 18-11-2019 - Seeks to clarify the fully electronic refund process through FORM GST RFD-01 and single disbursement - Modified vide Circular No.135/05/2020 - GST dated 31st March 2020