GST India Forum – Goods and Services Tax | Place for Experts Forums Bare Law Section 3- Meaning and scope of supply

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  • Madrecha and CoMadrecha and Co
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    (1) Supply includes—
    (a) all forms of supply of goods and/or services such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business,
    (b) importation of services, for a consideration whether or not in the course or furtherance of business, and
    (c) a supply specified in Schedule I, made or agreed to be made without a consideration.

    (2) Schedule II, in respect of matters mentioned therein, shall apply for determining what is, or is to be treated as a supply of goods or a supply of services.

    (3) Notwithstanding anything contained in sub-section (1),
    (a) activities or transactions specified in schedule III; or
    (b) activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities as specified in Schedule IV, shall be treated neither as a supply of goods nor a supply of services.

    (4) Subject to sub-section (2) and sub-section (3), the Central or a State Government may, upon recommendation of the Council, specify, by notification, the transactions that are to be treated as—
    (a) a supply of goods and not as a supply of services; or
    (b) a supply of services and not as a supply of goods; or
    (c) neither a supply of goods nor a supply of services.

    (5) The tax liability on a composite or a mixed supply shall be determined in the following manner —
    (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;
    (b) a mixed supply comprising two or more supplies shall be treated as supply of that particular supply which attracts the highest rate of tax

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