Decide with reason whether following independent transactions amount to supply or not as per the provisions of the GST law: (i) Vibhu has lent…

CA Final · Indirect Tax Laws · MTP · May 2026
Decide with reason whether following independent transactions amount to supply or not as per the provisions of the GST law: (i) Vibhu 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 Vibhu and intermediary. (ii) Kunda Limited made supply of goods to its agent, Tanishk, without consideration. Tanishk issued invoice for the further supply of goods to the customers in his own name. Tanishk also disclosed the name of principal in the invoice issued. (iii) Sambhavna Limited recruited Miss Unnati as senior relationship manager. At the time of joining as senior relationship manager, the company paid - 3,00,000 towards "Not joining" Naman Limited, a stiff competitor of Sambhavna Limited.

Suggested Answer and Working Notes:

(b) Decide with reason whether following independent transactions amount to supply or not as per the provisions of the GST law: (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-Tanishk. in his own name, the provision of goods from the principal – Kunda Limited. - to the agent - Tanishk - 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 Tanishk 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 Unnati from Sambhavna Limited amounts to supply under the GST law.

Topics: Supply Under GST

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