Question
Whether aggregate turnover within the meaning of GST will include turnover of delivery into listed shares and mar to mark future option differences.
Answer
Aggregate turnover as per section 2(6) is defined
as 'aggregate turnover' means the aggregate value of all taxable supplies
(excluding the value of inward supplies on which tax is payable by a person on
reverse charge basis), exempt supplies, exports of goods or services or both and
inter-State supplies of persons having the same Permanent Account Number, to be
computed on all India basis but excludes central tax, State tax, Union territory
tax, integrated tax and cess.
Supply is defined under section 7 of CGST Act as 'supply' includes''
(a) all forms of supply of goods or services or both such as sale, transfer,
barter, exchange, licence, rental, lease or disposal made or agreed to be made
for a consideration by a person in the course or furtherance of business;
(b) import of services for a consideration whether or not in the course or
furtherance of business;
(c) the activities specified in Schedule I, made or agreed to be made without a
consideration; and
(d) the activities to be treated as supply of goods or supply of services as
referred to in Schedule II.
However vide clause (6) Actionable claims, other than lottery, betting and
gambling are included in Schedule III of CGST Act. Therefore these are neither
considered as supply of goods nor supply of services.
Hence turnover of delivery into listed shares and mar to mark future option
differences are not included in aggregate turnover for GST purpose. (Reply
dt.20/12/2018)