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Concept of Deemed Sales and GST

Goods and Services Tax - GST - By: - Shripada Hegde - Dated:- 1-4-2017 - Clause 29A of Article 366 of the Constitution of India, inserted by 46th amendment to the Constitution gains very much importance as the same lays down the concept of deemed sal .....

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arily be sale. In the light of the above it is important to know how GST Regime takes care of the controversies or confusions which lead to the insertion of Clause 29A. This article tries to gather the information relating to the same. Issues Covered .....

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ly of goods by an unincorporated association or body of persons to its members Supply of food or any drink as part of any service Treatment under GST Regime Transfer of controlled commodities for consideration Under the earlier tax regime in order to .....

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tion which merits consideration is Is there a Supply? . If a transaction is supply it is very much taxable. Supply is defined to include all form of supplies for consideration. Hence, if a person supplies commodities for a consideration, whether at h .....

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aid entry reads as follows:- (f) works contract including transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; Hence, it is clear that the value of works contract including the value of .....

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ent which states the property in goods will pass on to the buyer at a future date upon payment of full consideration is a supply of goods . Transfer of right to use any goods for consideration Sub-clause (b) to clause 1 of Schedule II is inserted to .....

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lause 29A transfer of right to use transactions were deemed to be sale. However, under the GST Regime the same is specified as service. Supply of goods by an unincorporated association or body of persons to its members Again it is Schedule II which a .....

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upply, as per Section 3, need not be done by one person to another. Only condition is that it should be made in the course or furtherance of business. In the earlier law, in order to become sale there was requirement of two persons. Supply of food or .....

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