be treated neither as a Supply of Goods nor a Supply of Services Negative List SR. PROVISION ANALYSIS NO 1. Services by an employee to the Relief has been employer in the course of or in given in a case relation to his employment. where an employer gifts his employee and the value of gift is less than Rs. 50,000. It is not considered as Supply. 2. Services by any court or Tribunal established under any law for the time being in force Negative List SR. PROVISION ANALYSIS NO 3 (a) The functions performed by :- Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities; 3(b) The duties performed by any person who holds Duties performed by any post in pursuance of the provisions of President of India, Vice the Constitution in that capacity President of India, Chief Justice, Chief Election Commissioner, etc(salary is free from GST) 3(c) The duties performed by any person as a CBDT- Chairman, Chairperson or a Member or a Director in a body members- appointed established by the Central Government or a State by Govt Government or local authority and who is not deemed as an employee before the commencement SR. NO PROVISION ANALYSIS 4. Services of funeral, burial, crematorium or mortuary including transportati on of the deceased 5. Sale of land and sale of But it is subject to stamp duty building where entire consideration has been received after issuance of completion certificate from a competent authority (where such certificate required) or after its first occupation, whichever is earlier (refer schedule II – 5b) SR. NO PROVISION ANALYSIS
6. Actionable claims, other than lottery, betting and gambling
lottery, betting and gambling are subject to GST Eg of Actionable claims Debentures, Bills of Exchange, FD Receipt, lottery, betting and gambling , etc. 7. Merchanting Trade Transactions 7-8 clauses inserted by CGST Supply of goods from a place in Amendment Act 2018, the non-taxable territory to applicable w.e.f. 01.02.2019 another place in the non- taxable territory without such goods entering into India. In Indian Context, the trade is called Merchanting Trade when, • The supplier of goods will be resident in one foreign country • The buyer of goods will be resident in another foreign country • The merchant or the intermediary will be resident in India
• In simple terms, Merchanting transaction is one which
involves shipment of goods from one foreign country to another foreign country involving an Indian Intermediary. Hence, It is also called Intermediary Trade. Merchanting Trade /Intermediary Trade SR. NO PROVISION ANALYSIS
8(a) Supply of warehoused goods to the supply of goods before
any person before clearance clearance from the warehouse for home consumption would not be subject to IGST and same would be levied and collected only when the warehoused goods are cleared for home consumption from the custom bonded warehouse. 8(b) High Sea Sales : – Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption.