Following is the text from CGST Act, 2017 - Schedule 2
SCHEDULE II
[See section 7]
ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES
1. Transfer
(a) any transfer of the title in goods is a supply of goods;
(b) any transfer of right in goods or of
undivided share in goods without the transfer of title thereof, is a supply of
services;
(c) any transfer of title in goods under
an agreement which stipulates that property in goods shall pass at a future date
upon payment of full consideration as agreed, is a supply of goods.
2. Land and Building
(a) any lease, tenancy, easement, licence to occupy land is
a supply of services;
(b) any lease or letting out of the
building including a commercial, industrial or residential complex for business
or commerce, either wholly or partly, is a supply of services.
3. Treatment or process
Any treatment or process which is applied to another person's
goods is a supply of services.
4. Transfer of business assets
(a) where goods forming part of the
assets of a business are transferred or disposed of by or under the directions
of the person carrying on the business so as no longer to form part of those
assets, whether or not for a consideration, such transfer or disposal is a
supply of goods by the person;
(b) where, by or under the direction of a
person carrying on a business, goods held or used for the purposes of the
business are put to any private use or are used, or made available to any
person for use, for any purpose other than a purpose of the business, whether
or not for a consideration, the usage or making available of such goods is a
supply of services;
(c) where any person ceases to be a
taxable person, any goods forming part of the assets of any business carried on
by him shall be deemed to be supplied by him in the course or furtherance of
his business immediately before he ceases to be a taxable person, unless—
(i) the business is transferred as a going concern to
another person; or
(ii) the business is carried on by a
personal representative who is deemed to be a taxable person.
5. Supply of services
The following shall be treated as supply of
services, namely:— (a) renting of immovable property;
(b) construction of a complex, building,
civil structure or a part thereof, including a complex or building intended for
sale to a buyer, wholly or partly, except where the entire consideration has
been received after issuance of completion certificate, where required, by the
competent authority or after its first occupation, whichever is earlier.
Explanation.—For the purposes of this clause—
|
|||
(1)
the expression "competent authority" means the Government or any
|
|||
authority
authorised to issue completion certificate under any law for the time
|
|||
being
in force and in case of non-requirement of such certificate from such
|
|||
authority,
from any of the following, namely:—
|
|||
(i)
an architect registered with the Council of Architecture constituted
|
|||
under
the Architects Act, 1972; or
|
20
of 1972.
|
||
(ii)
a chartered engineer registered with the Institution of Engineers
|
|||
(India);
or
|
|||
(iii)
a licensed surveyor of the respective local body of the city or
|
|||
town
or village or development or planning authority;
|
|||
(2)
the expression "construction" includes additions, alterations,
|
|||
replacements
or remodelling of any existing civil structure;
|
|||
(c)
temporary transfer or permitting the use or enjoyment of any intellectual
|
|||
property
right;
|
|||
(d)
development, design, programming, customisation, adaptation, upgradation,
|
|||
enhancement,
implementation of information technology software;
|
|||
(e)
agreeing to the obligation to refrain from an act, or to tolerate an act or a
|
|||
situation,
or to do an act; and
|
|||
(f) transfer of the right to use any
goods for any purpose (whether or not for a specified period) for cash,
deferred payment or other valuable consideration.
6. Composite supply
The following composite supplies shall be
treated as a supply of services, namely:— (a) works contract as defined
in clause (119) of section 2; and
(b) supply, by way of or as part of any
service or in any other manner whatsoever, of goods, being food or any other
article for human consumption or any drink (other than alcoholic liquor for
human consumption), where such supply or service is for cash, deferred payment
or other valuable consideration.
7. Supply of Goods
The following shall be treated as supply of goods, namely:—
Supply of goods by any unincorporated
association or body of persons to a member thereof for cash, deferred payment
or other valuable consideration.
From: Goutham Tax Consultancy
GST, Income tax, TDS & PT
Phone Number: 9242858227