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.