Supply (S.7 CGST Act) is the taxable event under GST. It is the broadest concept replacing "manufacture" (excise), "sale" (VAT), and "provision of service" (service tax). A transaction constitutes supply if it involves (a) goods or services, (b) for consideration, (c) in the course or furtherance of business, unless specifically excluded.
Legal Framework
| Provision | Content |
|---|---|
| S.7(1)(a) | All forms of supply for consideration in course/furtherance of business |
| S.7(1)(b) | Import of services for consideration (whether or not in course of business) |
| S.7(1)(c) | Activities in Schedule I (supply without consideration) |
| S.7(1)(d) | Activities in Schedule II (classified as goods or services) |
| S.7(2) | Matters in Schedule III are neither supply of goods nor services |
| S.2(17) | Definition of "business" (includes trade, commerce, manufacture, profession, vocation) |
| S.2(31) | Definition of "consideration" |
Elements of Supply (S.7(1)(a))
| Element | Requirement |
|---|---|
| Supply | All forms: sale, transfer, barter, exchange, licence, rental, lease, disposal |
| Goods or services or both | Must involve goods (S.2(52)) or services (S.2(102)) |
| Consideration | Anything received in return (money, non-monetary) |
| In course or furtherance of business | Connected to any business activity |
| By a person | Must be by a taxable person |
What Is "Consideration" (S.2(31))
| Includes | Does NOT include |
|---|---|
| Any payment in money | Subsidies given by Central/State Government |
| Any payment in kind (barter value) | |
| Any act or forbearance (agreeing NOT to do something) | |
| Deposit forfeited (when supply not made) | Refundable deposits (returned to payer) |
| Payment by a third party on behalf of recipient |
Simple test for exams: If the recipient gives ANYTHING of value in return (money, goods, services, promise), consideration exists. Only genuine gifts (nothing expected in return) lack consideration.
Why: The unified concept of "supply" eliminates classification disputes (is it sale? service? works contract?). Everything is supply, and the nature (goods vs services) determines the place of supply rules and time of supply.
Schedule I: Supply Without Consideration
Activities treated as supply even without consideration:
| Sl. | Activity |
|---|---|
| 1 | Permanent transfer/disposal of business assets where ITC was availed |
| 2 | Supply between related persons or distinct persons in course of business |
| 3 | Supply by principal to agent (or agent to principal) for supply purposes |
| 4 | Import of services from related person or from establishments outside India (even without consideration) |
Schedule II: Activities Treated as Goods or Services
| Activity | Classified as |
|---|---|
| Transfer of title in goods | Supply of goods |
| Transfer of right in goods (lease, hire) without title transfer | Supply of services |
| Works contract (construction, fitting, installation) | Supply of services |
| Transfer of business assets (no further use) | Supply of goods |
| Renting of immovable property | Supply of services |
| Construction of complex for sale (before completion certificate) | Supply of services |
| Temporary transfer of IP rights | Supply of services |
| Software licensing | Supply of services |
| Composite supply of food in restaurant | Supply of services |
Schedule III: Neither Goods Nor Services (Non-supply)
| Activity | Exclusion |
|---|---|
| Services by employee to employer (in course of employment) | Not supply |
| Services by Court/Tribunal | Not supply |
| Functions of MP, MLA, local authority members | Not supply |
| Funeral, burial, crematorium services | Not supply |
| Sale of land and completed building | Not supply |
| Actionable claims (other than lottery, betting, gambling) | Not supply |
| Supply of goods from non-taxable territory to another non-taxable territory without entering India | Not supply |
Recall Check
- What are the essential elements for a transaction to constitute "supply" under S.7(1)(a)?
- Name four activities that are treated as supply even without consideration (Schedule I).
- What activities are excluded from the scope of supply (Schedule III)?
Key Cases
Safari Retreats v. Chief Commissioner CGST (2019) Safari-Retreats-v-Chief-Commissioner-CGST-2019 Issue: Whether construction of a building for the purpose of renting (not sale) constitutes "supply of services" under Schedule II, and whether ITC is available on construction costs. Rule: S.17(5)(d) blocks ITC on construction of immovable property "on own account"; but renting is an output supply of services. Held: Where a building is constructed specifically for letting (not for sale), the construction is for making further supply (rental services). ITC on construction should be available as it is used in the course of furtherance of business for making taxable output supply. The blocking provision must be read purposively.
Distinctions
| Feature | Supply (Taxable) | Non-Supply (Schedule III) |
|---|---|---|
| GST applicability | GST levied | No GST |
| ITC | Available on inputs | Not applicable |
| Registration | Required if exceeds threshold | Not counted in turnover |
| Examples | Sale of goods, rendering services, leasing | Employee services, sale of completed building, court services |
| Invoicing | Tax invoice required | Not applicable |
| Test | Consideration + business + goods/services | Specifically excluded |
Flashcards
Q: What is the taxable event under GST? A: "Supply" of goods or services or both, as defined under S.7 of the CGST Act.
Q: What are the elements of supply under S.7(1)(a)? A: All forms of supply + for consideration + in course or furtherance of business + by a taxable person.
Q: Is supply between related persons without consideration taxable? A: Yes, under Schedule I (Para 2): supply between related persons in course of business is deemed supply even without consideration.
Q: Is sale of land taxable under GST? A: No. Sale of land is in Schedule III (neither goods nor services) and is not subject to GST.
Q: How is a works contract classified under GST? A: As supply of services (Schedule II, Para 6(a)).
Q: What is the significance of Schedule II? A: It determines whether a transaction is supply of goods or supply of services (important for time of supply, place of supply, and rate determination).
Exam Scenario
XYZ Corp gifts branded merchandise (value Rs.3 lakh) to its customers as marketing activity. ITC was claimed on purchase of these items. The company argues no GST is payable as there is no "consideration." Advise.
Approach: Under Schedule I (Para 1), permanent transfer or disposal of business assets where ITC has been availed is treated as supply even without consideration. XYZ Corp availed ITC on the merchandise. The gift to customers constitutes supply under Schedule I. GST is payable on the transaction value (or open market value if no consideration). The absence of consideration does not save it from GST liability because Schedule I specifically deems this as supply.