SCHEDULE II
[Section 7]
ACTIVITIES 1[OR TRANSACTIONS] 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, 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, [helldod
2omit[whether or not for a consideration] helldod],
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, [helldod
2omit[whether or not for a consideration] helldod], 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 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.
[helldod
3omit[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.]
helldod]
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1.Inserted Vide: Section 31 of CGST Amendment Act 2018 (w.e.f. 01.07.2017)
2. Omitted Vide: Section 131 of Finance Act 2020 vide Notification No. 92/2020 - Central Tax (w.e.f. 01.07.2017)
3. Omitted Vide: Finance Act, 2021 (w.e.f. 01.07.2017) vide Notification No. 39/2021 – Central Tax dt. 21.12.2021