Section SCHEDULE II-ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES of CGST ACT, 2017

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
           (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.

Analysis by Experts

No explanations yet!!! Please, Login to provide explanation for this section.
Browse all sections of CGST ACT, 2017
mode_edit