SCHEDULE II: 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, license 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 service, 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 authorized 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 structuCrAe A;tul Kumar Gupta (c) temporary transfer or permitting the use or enjoyment of any intellectual property right;
(d) development, design, programming, customization, adaptation, up gradation, 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
| Details of Outward Supplies | Relevant Table in GSTR-1 |
Relevant Table in GSTR-3B |
Explanation in relation to GSTR-1 |
| Taxable Supplies (Sale, Transfer, Barter, Exchange, License, Rental, Lease, Disposal Etc.) | 4A, 4B, 4C, 6B, 6C |
3.1 | B2B Invoices – Details of invoices of Taxable supplies made to other registered taxpayers |
| Taxable Supplies (Sale, Transfer, Barter, Exchange, License, Rental, Lease, Disposal Etc.) | 5a 5b | 3.1 | B2C (Large) Invoices -Invoices for Taxable outward supplies to consumers where: a) The place of supply is outside the state where the supplier is registered and b) The total invoice value is more that Rs 2,50,000 |
| Taxable Supplies (Sale, Transfer, Barter, Exchange, License, Rental, Lease, Disposal Etc.) | 7 | 3.1 | B2C (Small) Invoices -Supplies made to consumers and unregistered persons of the following nature: a) Intra-State: any value b) Inter-State: Invoice value Rs 2.5 lakh or less |
| Exports | 6A | 3.1 | Exports supplies including supplies to A Atul Kumar Gupta SEZ/SEZ Developer or deemed16exports |
Whether generally non taxable supplies have been reported in the return?
Section 2(47) of the CGST Act:
“exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;
| Details of Outward SuppliesDetails of Exempt/ Nil – Rated Supplies |
Relevant Table in GSTR-1 |
Relevant Table in GSTR-3B |
Explanation in relation to GSTR-1 |
| Exempt/ Nil – Rated Supplies | 8A, 8B, 8C, | 3.1 | Details of Nil Rated, Exempted and Non-GST Supplies made during the tax period |
Whether it is ensured that transactions of the following natures have not been reported in the return?
a) Transactions covered under Schedule III of the Act:
1. Services by an employee to the employer in the course of or in relation to his employment.
2. Services by any court or Tribunal established under any law for the time being in force.
3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities;
(b) the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or
(c) the duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or local authority and who is not deemed as an employee before the commencement of this clause.
4. Services of funeral, burial, crematorium or mortuary including transportation of the deceased.
5. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
6. Actionable claims, other than lottery, betting and gambling. Explanation.—For the purposes of paragraph 2, the term “court” includes District Court, High Court and Supreme Court.
b) Transactions not covered by definition of supplies
• Transactions which are not in the course of business or commerce
• Income in the nature of interest on savings account, fixed deposit, dividends, etc.
Whether the tax liability has been determined in accordance with Section 8 of the CGST Act, 2017? If no, specify reasons / instances
The tax liability on a composite or a mixed supply shall be determined in the following manner, namely:-
(a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and
(b) a mixed supply comprising two or more supplies shall be treated as a supply of that particular supply which attracts the highest rate of tax.
‘Composite Supply’ means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply. ‘Mixed Supply’ shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related.