QUESTION
Introduction :
Goods and Services are two wide ambit terms which encircle the entire universe in GST but exclude two terms - money and securities. The definition of `goods` and `services` in Section 2(52) and Section 2(102) of the Central goods and Services Tax Act, 2017 (`CGST Act`) specifically excludes money and securities respectively.  Since securities neither fall in the definition of goods nor in the definition of services, they fall in the definition of “non-taxable supply” under section 2(78) of the CGST Act, 2017. The understanding is further explained by the Frequently Asked Questions (FAQs) published under the FAQs on Financial Service by the Central Board of Indirect Taxes and Customs (CBIC) dated 27.12.2018 relevant paragraph of question no. 89 is reproduced here under-

Question : What is considered as ‘securities’ under the Goods and Services Tax Act? Are they taxable under GST?

Answer : Section 2(101) of the CGST Act, 2017 defines “securities” to have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956. Section 2(52) of the CGST Act, 2017 defines “goods” to mean every kind of movable property other than money and securities but includes actionable  claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply. Thus, securities are not goods under the CGST Act, 2017. Section 2(102) of the CGST Act, 2017 defines “services” to mean anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged. Thus, securities are not services under the CGST Act, 2017. Since securities neither fall in the definition of goods nor in the definition of services, they fall in the definition of “non-taxable supply” under section 2(78) of the CGST Act, 2017.

Further, at question no. 5 of the said FAQ which is reproduced here under :

Question No. 5 :Is it necessary for Banks / insurers to report the details of exempt and non-GST supplies in Table 8 of GSTR-1?

Answer : Yes. In the absence of any specific exemption to the Banks / insurers, the information is required to be provided in the said table. More Further , at question no. 80 of the said FAQ which is reproduced here under :

Question- : Is GST leviable on interest/ delayed payment charges charged to clients for debit for settlement obligations/ margin trading facility?

Answer : Any interest/ delayed payment charges charged for delay in payment of brokerage amount/ settlement obligations/ margin trading facility shall not be leviable to GST since settlement obligations/ margin trading facilities are transactions which are in the nature of extending loans or advances and are covered by entry No. 27 of notification No.12/2017- Central Tax (Rate) dated 28th June, 2017.

Poser-1 :
Since securities is considered as non-taxable supply under section 2(78) of the CGST Act, 2017, would turnover of securities needs to disclosed considering valuation of securities is provided in Rule 45 in GSTR-9- Annual Return under Table-5F ?
And what if the same is not shown during the FY 2017-2018 while filing GSTR-3B.

Poser-2 :
Since interest/ delayed payment charges charged for delay in payment of brokerage amount/ settlement obligations/ margin trading facility is considered exempt supply, whether the same is required to be shown in GSTR-9- Annual Return under Table-5D ?
And what if the same is not shown during the FY 2017-2018 while filing GSTR-3B.

ANSWER

(i) Non GST Supplies are to be shown in GSTR 9 in Column 5F. Since Securities are outside the ambit of GST, they should be disclosed in column 5F even if they have not been disclosed in GSTR 3B for the FY 2017-18.
(ii) All supplies made during the year are required to be disclosed in GSTR 9 no matter they are taxable, exempt, NIL rated, Non GST supply etc.Thus, Exempt supplies are required to be shown in GSTR 9 in column 5D even if they have not been disclosed in GSTR 3B.