Decide with reason whether following independent transactions amount to supply or not as per the provision, rules, circulars and notification issued…
CA Final · Indirect Tax Laws · PYQS · November 2024
Decide with reason whether following independent transactions amount to supply or not as per the provision, rules, circulars and notification issued under the GST law: (i) Satyam has lent securities to Kala Enterprises for a consideration of 10,000 towards lending of securities under the Securities Lending Scheme, 1997 through an approved intermediary. Ignore the transaction between Satyam and intermediary. (ii) Patta Limited made supply of goods to its agent, Romi, without consideration. Romi issued invoice for the further supply of goods to the customers in his own name. Romi also disclosed the name of principal in the invoice issued. (iii) Dilasa Limited recruited Miss Chhaya as senior relationship manager. At the time of joining as senior relationship manager, the company paid - 3,00,000 towards "Not joining" Milan Limited, a stiff competitor of Dilasa Limited.
Suggested Answer and Working Notes:
(i) Lending of securities under the Securities Lending Scheme is not a transaction in securities as it does not involve disposal of securities. It is not excluded from the definition of services and amounts to supply. Consequently, lending of securities for consideration to Kala Enterprise amounts to supply. (ii) Since the invoice for further supply of goods is being issued by the agent Romi. in his own name, the provision of goods from the principal - Patta Limited. - to the agent – Romi - would fall within the purview of Schedule I of the CGST Act, 2017 and would amount to supply even though made without consideration. Further, supply of goods by Romi to the customer for consideration amounts to supply. (iii) Since any amount paid by employer to employee for not joining a competing business is paid for providing the service of forbearance to act to refrain cannot be considered for providing services in the course of employment, amount received by Miss Chhaya from Dilasa Limited amounts to supply under the GST law.
Topics: Supply Under GST
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