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Understanding what ‘supply’ means under GST is important for businesses to follow tax rules properly and avoid any fines. This article explains the meaning of supply in GST, including its key parts – goods, services, and payment (consideration). It also covers different types of supply, like taxable, exempt, and zero-rated supplies. You'll learn about the legal meaning of supply under Section 7 of the CGST Act, and the role of Schedules I, II, and III. Simple examples and easy-to-follow classifications are included to help make GST compliance and tax planning clearer.
What is supply under GST?
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Supply under GST is defined under Section 7 of the Central Goods and Services Tax (CGST) Act, 2017 as the sale, transfer, barter, exchange, licence, rental, lease, or disposal of goods or services made for consideration in the course or furtherance of business. The supply under GST meaning also covers certain transactions made without consideration where specifically notified under the Act.
Supply includes activities such as the sale of goods, transfer of assets, exchange of products, barter arrangements, licensing, renting, leasing, and disposal of goods or services. Whether GST is applicable depends on the nature of the transaction, the existence of consideration, and whether it falls within the scope of Section 7 of the CGST Act, 2017.
Only transactions that qualify as a supply under GST are liable to GST, subject to applicable exemptions and statutory provisions.
Latest updates on supply under GST
- Section 16 has been amended to provide that where a buyer fails to pay the supplier the invoice value, including GST, within 180 days from the invoice date, an amount equal to the input tax credit (ITC) availed must be reversed along with interest under Section 50.
- Sections 37, 39, 44 and 52 have been amended to restrict taxpayers from filing GSTR-1, GSTR-3B, GSTR-9 and GSTR-8 after three years from the respective due dates for the relevant tax period.
- Section 17(5) has been revised to include Corporate Social Responsibility (CSR) expenditure as ineligible for input tax credit.
- High sea sales and similar transactions, which are neither treated as a supply of goods nor services, are classified as exempt supplies. Accordingly, ITC proportionate to such transactions cannot be claimed under the revised Section 17(3).
- Schedule III has been amended to insert paragraphs (7) and (8) and Explanation (2), with retrospective effect from 1 July 2017.
- Section 10 has been amended to allow businesses supplying goods through an e-commerce operator to opt for the composition scheme.
These amendments will come into effect once notified by the Central Board of Indirect Taxes and Customs (CBIC).
What are the three components or elements of supply under GST?
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1. Goods
- Tangible products that are movable and used in commerce.
- Includes items like raw materials, finished goods, and consumables.
- Subject to GST based on the HSN code and applicable rate.
2. Services
- Intangible activities performed for consideration.
- Encompasses professional services, maintenance services, and more.
- Taxed under GST according to the SAC code and relevant rate.
3. Consideration
- Payment made in exchange for goods or services.
- Can be monetary or non-monetary (barter).
- Essential for determining the transaction's taxability under GST.
Types of supply under GST
1. Taxable supply
- Transactions subject to GST.
- Includes most sales and services.
- GST rate varies based on HSN/SAC codes.
2. Exempt supply
- Transactions not subject to GST.
- Includes specific essential goods and services.
- No GST rate applicable.
3. Zero-rated supply
- Exports and certain specified supplies.
- Attract a GST rate of 0%.
- Allows for input tax credit refunds.
4. Composite and mixed supply
- Bundled supply of goods/services.
- GST rate depends on the principal supply.
Scope: List of supplies and taxability
The scope of supply under GST is defined by Section 7 of the Central Goods and Services Tax (CGST) Act, 2017. This section outlines that supply includes all forms of goods and services transactions such as sale, transfer, barter, exchange, license, rental, lease, or disposal made for consideration by a person in the course of their business. It also covers activities listed in Schedules I, II, and III of the CGST Act, which classify certain transactions as supplies, even if made without consideration. Understanding the scope of GST through these provisions helps businesses stay compliant by clearly identifying what qualifies as a taxable supply. Below is a detailed explanation of the three schedules:
Schedule I: Supplies Made Without Consideration
Schedule I lists activities that are considered supplies even without consideration. These include:
- Permanent transfer of business assets: When a business asset is permanently transferred to another person, it is treated as a supply
- Supplies between related entities: Transactions between related persons or entities, such as intra-group transfers, are regarded as supplies
- Imports of services from related parties: When services are imported from related parties, they are deemed supplies even without direct consideration.
Schedule II: Classification of Transactions
Schedule II outlines the criteria for determining whether a transaction is a supply of goods or services:
- Supply of goods: This includes transactions where ownership or title of goods is transferred, such as the sale of products
- Supply of services: This includes transactions where no transfer of title occurs, but there is a right to use goods, such as renting or leasing goods
Schedule III: Activities Excluded from Supply
Schedule III lists activities that are not considered supplies of goods or services, and therefore fall outside GST’s scope. These include:
- Services provided by employees to employers: Services rendered by employees in their capacity as employees
- Transactions involving actionable claims: Claims enforceable in court, such as betting or lottery
- Sale of land and buildings: The sale of land and buildings (unless sold as part of a business) is excluded from GST. However, construction of such properties may still be subject to GST
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Supplies where there are multiple goods and/or services involved
Composite supply and mixed supply are two classifications of supply under GST. A composite supply consists of naturally bundled goods or services supplied together, whereas a mixed supply consists of two or more independent goods or services sold together for a single price.
| Feature | Composite supply | Mixed supply |
|---|---|---|
| Definition | Naturally bundled goods or services supplied together in the ordinary course of business | Two or more independent goods or services supplied together for a single price |
| Tax treatment | GST rate of the principal supply applies | Highest GST rate among all items applies |
| ITC eligibility | Follows the principal supply classification | Follows the highest-rated item |
| Example | Car sale with free insurance or warranty | Gift pack containing chocolates and toys |
| Legal basis | Section 8(a) of the CGST Act, 2017 | Section 8(b) of the CGST Act, 2017 |
Composite supply
- A combination of goods and/or services that are naturally bundled and supplied together.
- The GST rate applicable to the principal supply determines the tax rate for the entire supply.
- Example: A car sale with a warranty service.
Mixed supply
- Two or more independent goods and/or services supplied together for a single price.
- The highest GST rate applicable to any item in the package applies to the entire supply.
- Example: A gift pack containing chocolates and toys.
Composite supply and mixed supply are two categories of supply under GST that apply when multiple goods and/or services are supplied together. A composite supply consists of naturally bundled goods or services taxed at the rate of the principal supply, whereas a mixed supply comprises independent items sold together for a single price and is taxed at the highest applicable GST rate.
Composite vs mixed supply under GST
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Feature Composite supply Mixed supply Definition Naturally bundled goods or services supplied together in the ordinary course of business Two or more independent goods or services supplied together for a single price Tax treatment GST rate of the principal supply applies Highest GST rate among all items applies ITC eligibility Follows the principal supply classification Follows the highest-rated item Example Sale of a car with insurance or warranty Gift hamper containing chocolates, toys, and other unrelated items Legal basis Section 8(a) of the CGST Act, 2017 Section 8(b) of the CGST Act, 2017 Composite supply
- A combination of goods and/or services that are naturally bundled and supplied together in the ordinary course of business.
- The GST rate applicable to the principal supply applies to the entire transaction.
- Example: A car sold with a warranty service.
Mixed supply
- Two or more independent goods and/or services supplied together for a single price.
- The highest GST rate applicable to any item in the package applies to the entire supply.
- Example: A gift pack containing chocolates and toys.
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Time of supply for goods under GST
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The time of supply for goods under GST is governed by Section 12 of the CGST Act, 2017, and is generally the earliest of three trigger dates: the date of the invoice (or the last date on which it should have been issued), the date of receipt of payment, or the date of supply of goods. Determining the correct time of supply ensures that GST is paid in the appropriate tax period.
Trigger Rule Example Date of invoice or the last date by which the invoice must be issued The earliest applicable invoice date determines the time of supply Invoice issued on 1 June for goods delivered on 25 May – time of supply is 1 June Date of receipt of payment Applies if payment or an advance is received before the invoice Advance received on 20 May – time of supply is 20 May Date of supply of goods Relevant where goods are delivered or dispatched before invoicing Goods delivered on 15 May before the invoice – time of supply is 15 May Applying the correct time of supply rule helps businesses remain compliant with GST requirements, supports the wider scope of GST, and ensures timely tax payments. Businesses can also explore Bajaj Finance Business Loans to meet working capital needs while maintaining GST compliance.
Conclusion
Understanding the intricacies of supply under GST is crucial for businesses to ensure compliance and optimise tax benefits. The comprehensive coverage of transactions under GST simplifies the tax system and aids in efficient tax collection. Additionally, having clarity on GST obligations can help businesses manage their finances better, especially when planning for funding options like business loans, where understanding factors such as the business loan interest rate becomes important for cost-effective financial planning.
Why a business loan from Bajaj Finance helps with GST compliance costs
A business loan from Bajaj Finance can help businesses manage GST compliance costs, including accounting software, ERP upgrades, professional consultancy, working capital, and tax-related expenses without disrupting day-to-day operations. You can also apply for a business loan to maintain cash flow while meeting statutory GST obligations.
- Rapid disbursement: Bajaj Finance offers fund disbursement in as little as 48 hours* after approval, enabling businesses to address urgent GST compliance and operational requirements.
- Competitive interest rates: Bajaj Finance provides business loans with interest rates ranging from 14% to 23% per annum, helping businesses finance compliance-related investments at predictable borrowing costs.
- Simplified application process: Bajaj Finance offers an online application process that reduces paperwork and speeds up loan processing, making access to funds more convenient.
- Flexible repayment tenure: Bajaj Finance allows repayment tenures ranging from 12 months to 96 months, enabling businesses to align EMIs with their cash flow and compliance budget.
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Frequently Asked Questions
Overview
What is supply under the GST Section 7?
Under GST Section 7, supply encompasses all forms of transactions involving goods and services for consideration in the course of business. This includes sales, transfers, barters, exchanges, leases, rentals, and disposals. Additionally, certain activities specified in Schedule I are considered supplies even without consideration. It also covers imports of services, whether or not for business and activities specified in Schedule II, which further classify particular transactions as either goods or services for GST purposes.
What is supply and its scope in GST?
In GST, supply includes all transactions involving goods and services, such as sales, transfers, barters, exchanges, leases, rentals, and disposals for consideration. The scope of supply is extensive, covering tangible goods, intangible services, bartering, and leases. It encompasses taxable supplies, exempt supplies, and zero-rated supplies. This broad scope ensures a comprehensive tax base, enhancing compliance and revenue collection, thus streamlining the taxation system for businesses and consumers.
Is penalty a supply under GST?
A penalty is a punishment given by law for committing an offence or for failing to perform a duty that a person is required to do. Penalties can be either physical (such as imprisonment) or financial (such as a monetary fine), and can be civil or criminal in nature. Under GST, both types of penalties—physical (jail) and financial (monetary)—can be applied.
What is the scope of supply under GST Section 7?
Section 7 of the CGST Act defines “supply” to include all forms of supply of goods or services such as sale, transfer, barter, exchange, licence, rental or disposal made for consideration in the course or furtherance of business, and certain specified activities even without consideration.
How broad is the scope of supply under GST law?
The scope of supply under GST is very wide, covering nearly all commercial transactions involving goods and services. It includes both taxable and certain deemed supplies, ensuring that most business activities fall within the GST framework unless specifically excluded.
What is composite supply scope under GST versus mixed supply?
A composite supply involves two or more naturally bundled goods or services supplied together, where one is the principal supply and tax is applied accordingly. A mixed supply consists of multiple independent items sold together for a single price, taxed at the highest applicable rate.
What transactions are excluded from supply under GST?
Certain transactions are excluded from the definition of supply under GST and are therefore not liable to GST. These include activities specified in Schedule III of the Central Goods and Services Tax (CGST) Act, 2017, such as services provided by an employee to an employer in the course of employment, services by a court or tribunal, funeral and burial services, the sale of land and, subject to specified conditions, the sale of a completed building. In addition, certain activities undertaken by the Central Government, State Governments and local authorities are also treated as neither
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