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Chapter 4 – Supply of Goods or Services (Taxable Event) CA. Raj Kumar
(iv) Mortuary services including transportation of deceased person shall not be called as supply.
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(v) Actionable claim other than betting/gambling/Lotteries shall not be treated as supply.
* Duties performed by the person having constitutional post (e.g. Prime Minister, Chief Minister
etc.) shall not be treated as supply.
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* Duties performed by Part time director of a Government body (e.g. Human Right Commission)
shall not be called as supply.
(vii)
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Immovable Property- Sale of Land, Constructed/completed property will not be treated as supply.
____
(viii) Services by ANY court, Tribunal ESTABLISHED Under any law shall not be treated as supply.
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SQIY.am Section 7(3)
The Government may notify the transactions that are to be treated as-
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(a) A supply of goods and not as a supply of services; or
GST is payable on individual goods or services or both at the notified rates. The application of rates poses no problem if
the supply is of individual goods or individual services, which is clearly identifiable and such goods or services are
subject to a particular rate of tax.
However, in certain cases, supplies are not such simple and clearly identifiable supplies. Some of the supplies are a
combination of goods or combination of services or combination of goods and services both and each individual
component of such supplies may attract a different rate of tax.
In such a case, the rate of tax to be levied on such supplies may be a challenge. It is for this reason, that the GST Law
identifies composite supplies and mixed supplies and provides certainty in respect of tax treatment under GST for such
supplies.
In order to determine whether the supplies are ‘composite supplies’ or ‘mixed supplies’, one needs to determine whether
the supplies are naturally bundled or not naturally bundled in ordinary course of business.
The tax liability on a composite or a mixed supply shall be determined in the following manner, namely:-
(a) Under composite supplies,: classification will be based as principal supply i.e. whole bundle will be
called/classified by the name of principle supply and accordingly GST Rate of principle supply will be
applicable.
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