In our earlier blog Supply of Goods and Services: What does it Mean we discussed about which is mostly about business operational activities like sales, transfers, and so on.
In this blog post, we will discuss exceptional scenarios, which form a part of supply, and are taxable:
- Supplies made without consideration
- Supplies made for a consideration, whether or not in the course or for furtherance of business
Supply without consideration
The following activities are considered as Supply even without consideration, and are liable for tax.
Note: A key scenario ‘Supply of goods and or services without consideration between related persons or distinct person’, will be covered in detail in our next blog post.
1. Permanent transfer/disposal of business assets on which Input Tax Credit has been availed
In the event of sale or transfer of business assets i.e. capital goods on which Input Tax Credit was availed – the transaction shall be treated as supply even when these are cleared or transferred without consideration, and the business is liable to pay GST.
Super Cars Ltd purchased 15 computers worth Rs.3,00,000 and paid GST of Rs.54,000. Super Cars Ltd availed Input Tax Credit of Rs.54,000. These computers were used for maintaining the records and accounts of the business.
After years of usage, Super Cars Ltd decided to give these computers away to the employees without any cost.
Though the computers were disposed without any consideration, Super Cars Ltd is liable to pay GST.
Note: Once the complete rules are made available, further clarity on how to arrive at the taxable value of such supply will be available.
2. Supply of goods between Principal and his Agent
Supply of goods under the following scenarios is considered as taxable supply even without consideration.
- Supply by the Principal to his Agent: When the agent undertakes to supply goods on behalf of the principal
- Supply by the Agent to the Principal: When the Agent undertakes to receive such goods on behalf of the Principal
Super Car Ltd appoints Sharma Agency as an agent. They will store the spare parts supplied by Super Cars Ltd, and as and when an order is received by Super Cars Ltd from his dealers, instruction will be sent to Sharma Agency to supply the consignment.
Also, Sharma Agency is entrusted to receive the supply of raw material from manufacturers on behalf of Super Cars Ltd.
As per the example,
- Super Cars Ltd is the principal and Sharma Agency is the agent.
- Supply of spare parts by Super Cars Ltd to Sharma Agency is a taxable supply
- The receipt of raw material by Sharma Agency on behalf of Super Cars Ltd and the subsequent supply by Sharma Agency to Super Cars Ltd is a taxable supply
The liability on the above will be either shared jointly by Super Cars Ltd and Sharma Agency, or individually borne by either of them.
Note: Once the complete rules are announced, further clarity will be available on the liability to pay tax.
3. Importation of services by a taxable person from a related person or from any of his other establishments outside India, in the course of or for furtherance of business.
This implies that services imported without consideration from related persons situated outside India will be subject to levy of GST only if it is in the course of or for furtherance of business.
Interior design service received by a branch from its Head office, located in Singapore. The interior service is taxable and liable for GST on reverse charge.
Hence, service imported without consideration from unrelated persons for the furtherance of business, and import of service without consideration for personal use is not a supply, and consequently, not subject to GST.
Interior design service from its head office, located in Singapore for personal residence without any consideration. Since the service is free and for personal use, it is not subject to GST.
Supplies made for a consideration whether or not in the course or for the furtherance of business
The import of service for a consideration whether or not in the course or for the furtherance of business is considered as a taxable supply. This implies that if the services are imported for consideration, either for business purposes or for personal use, you are liable to pay GST.
Super Cars Ltd imported navigation design services from a vendor in Singapore for a consideration of SGD (Singapore Dollars) 20,000.
Now, Super Cars Ltd is liable pay GST on the above-mentioned import of service on reverse charge.
- Determining supply as goods or services
- Understanding mixed supply and composite supply