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Will anything and everything done anywhere for anybody for business/no business for money/without money will constitute supply under GST??

Goods and Services Tax - GST - By: - Ranjan Mehta - Dated:- 27-9-2016 Last Replied Date:- 30-9-2016 - In my previous article I tried to throw light on the concept of supply u/s 3 of Model GST Law . We discussed section 3 there and left the Schedule I & II, which contain further provisions in relation to Supply. We will discuss Schedule I here in this article. Although Schedule I contains only 5 clauses but it has created a havoc in the minds of Tax practitioners, who have gone through it. Th .....

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that they are made or agreed to be made without consideration. Schedule I consist of 5 such cases and one proviso to it. However the clause 5 of Schedule I is most controversial and has opened the Pandora s Box of possibilities and somewhat absurdity which we will discuss later in this article. For now let s start with Schedule I one by one. Schedule I start with the title Matters to be treated as supply without consideration . The title itself is misleading. By a plain understanding one can un .....

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s to a private or non-business use. 3. Services put to a private or non-business use. 4. Assets retained after deregistration. 5. Supply of goods and / or services by a taxable person to another taxable or nontaxable person in the course or furtherance of business. Provided that the supply of goods by a registered taxable person to a job-worker in terms of section 43A shall not be treated as supply of goods. Permanent transfer/disposal of business assets : Earlier also there were provisions in V .....

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r non business use: This provision is going to create some issues as there are many assets which are at various points used for self and one can t create a log of it to decide its time and value. Further at times it happens during the assessment proceedings of Income Tax Act, 1961 that AO disallows the depreciation, running maintenance and repairs on vehicles. So there might be situations that assessing authorities under GST issue notices on the basis of Income Tax Assessments. For Ex:- The Taxi .....

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onal cook provided his services on a Sunday to some school for judging a Cooking competition without any consideration. Now the authorities can say that even since no business same is a services under this clause hence a supply under GST. Assets retained after deregistration: At the event of deregistration total value of assets retained shall be deemed to be supply so that the Govt. can take back the credit allowed. Supply of goods and / or services by a taxable person to another taxable or nont .....

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