Important Definitions under GST

MEANING & DEFINITION
'Aggregate turnover' is defined in section 2(6) of
the Model GST Law as follows –
"Aggregate turnover means the aggregate
value of all taxable and non-taxable supplies,
exempt supplies and exports of goods and/or
services of a person having the same PAN, to be
computed on all India basis and excludes taxes, if
any, charged under the CGST Act, SGST Act and
the IGST Act, as the case may be.
AGGREGATEE TURNOVER

“Adjudicating Authority means any authority competent to
pass any order or decision under this Act, but does not
include the Board, the Revisional Authority, Authority for
Advance Ruling, Appellate Authority for Advance Ruling,
the First Appellate Authority and the Appellate Tribunal;”
2(4) Adjudicating Authority

“Agent means a person, including a factor, broker,
commission agent, arhatia, del credere agent, an
auctioneer or any other mercantile agent, by whatever
name called, who carries on the business of supply or
receipt of goods or services on behalf of another, whether
disclosed or not;”
2(5) Agent

a) any trade, commerce, manufacture,
profession, vocation, adventure, wager or any
other similar activity, whether or not it is for a
pecuniary benefit;
(b) any activity or transaction in connection with
or incidental or ancillary to (a) above;
(c) any activity or transaction in the nature of (a)
above, whether or not there is volume,
frequency, continuity or regularity of such
transaction;
(d) supply or acquisition of goods including
capital assets and services in connection with
commencement or closure of business;
Section 2(17) “Business”

(e) provision by a club, association, society, or any such
body (for a subscription or any other consideration) of the
facilities or benefits to its members, as the case may be;
(f) admission, for a consideration, of persons to any
premises; and
(g) services supplied by a person as the holder of an
office which has been accepted by him in the course or
furtherance of his trade, profession or vocation;
(h) services provided by a race club by way of totalisator
or a licence to book maker in such club;
Explanation.- Any activity or transaction undertaken by
the Central Government, a State Government or any
local authority in which they are engaged as public
authorities shall be deemed to be business.

The definition of "capital goods" under Section
2 (19) of CGST Act means goods, the value of
which is capitalised in the books of
account of the person claiming the input tax
credit and which are used or intended to be used
in the course or furtherance of business;
2(19) “capital goods”

“ A Person who occasionally undertakes
transactions involving supply of goods or
services or both in the course or
furtherance of business, whether as
principal, agent or in any other capacity, in
a State or a Union Territory where he has
no fixed place of business.
Casual taxable person is defined under GST
Section 2(20) as :

means a supply made by a
taxable person to a
recipient consisting of two
or more taxable supplies of
goods or services or both,
or any combination
thereof, which are naturally
bundled and supplied in
conjunction with each
other in the ordinary
course of business, one of
which is a principal supply;
Section 2(30) of CGST Act “composite supply”

means two or more
individual supplies of
goods or services, or
any combination
thereof, made in
conjunction with
each other by a
taxable person for a
single price where
such supply does
not constitute a
composite supply;
Section 2(74) of CGST Act “mixed supply”

"Exempt supply" means supply of any goods or
services or both which attracts nil rate of tax or
which may be wholly exempt from tax under
section 11, or under section 6 of the Integrated
Goods and Services Tax Act, and includes non-
taxable supply.
Exempt supply is defined in section 2(47) of GST Act.

“Outward Supply” in relation to a person, shall
mean supply of goods or services, whether by
sale, transfer, barter, exchange, licence, rental,
lease or disposal or any other means made or
agreed to be made by such person in the course
or furtherance of business;”
Section 2(73) Outward Supply

Section 2(90) of CGST Act defines Principal
Supply to mean that, the pre-dominant element
in the supply of goods or services, forming part
of composite supply, is principal supply, and any
other dependent supply, forming part of
composite supplies, are secondary to principal
supply.
Principal supply

“place of supply” means the place of supply as
referred to in Chapter V of the Integrated Goods
and Services Tax Act;
Place of Supply 2 (86)

“supplier” in relation to any goods or services or
both, shall mean the person supplying the said
goods or services or both and shall include an
agent acting as such on behalf of such supplier
in relation to the goods or services or both
supplied;
SUPPLIER sec 2 (105)

“Goods” means every kind of movable property
other than money and securities but includes
actionable claim, growing crops, grass and
things attached to or forming part of the land
which are agreed to be severed before supply or
under a contract of supply;
Goods [Section 2(52) of CGST Act 2017]:

“Input Service Distributor” means an office of the
supplier of goods or services or both which
receives tax invoices issued under section 31
towards the receipt of input services and issues
a prescribed document for the purposes of
distributing the credit of central tax, State tax,
integrated tax or Union territory tax paid on the
said services to a supplier of taxable goods or
services or both having the same Permanent
Account Number as that of the said office;
Input Service Distributor [Section 2(61) of CGST Act 2017]:

“Job Work” means any treatment or process
undertaken by a person on goods belonging to
another registered person and the expression
“job worker” shall be construed accordingly;
Job Work [Section 2(68) of CGST Act 2017]:

“Manufacture” means processing of raw material
or inputs in any manner that results in
emergence of a new product having a distinct
name, character and use and the term
“manufacturer” shall be construed accordingly;
Manufacture [Section 2(72) of CGST Act 2017]:

“Input Tax” in relation to a registered person,
means the central tax, State tax, integrated tax
or Union territory tax charged on any supply of
goods or services or both made to him and
includes—
Input Tax [Section 2(62) of CGST Act 2017]:

(a) the integrated goods and services tax charged on
import of goods;
(b) the tax payable under the provisions of sub-sections
(3) and (4) of section 9;
(c) the tax payable under the provisions of sub-sections
(3) and (4) of section 5 of the Integrated Goods and
Services Tax Act;
(d) the tax payable under the provisions of sub-sections
(3) and (4) of section 9 of the respective State Goods
and Services Tax Act; or
(e) the tax payable under the provisions of sub-sections
(3) and (4) of section 7 of the Union Territory Goods and
Services Tax Act, but does not include the tax paid under
the composition levy;

(a) an individual;
(b) a Hindu Undivided Family;
(c) a company;
(d) a firm;
(e) a Limited Liability Partnership;
(f) an association of persons or a body of individuals, whether
incorporated or not, in India or outside India;
(g) any corporation established by or under any Central Act, State Act or
Provincial Act or a Government company as defined in clause (45) of
section 2 of the Companies Act, 2013;
(h) any body corporate incorporated by or under the laws of a country
outside India;
(i) a co-operative society registered under any law relating to co-operative
societies;
(j) a local authority;
(k) Central Government or a State Government;
(l) society as defined under the Societies Registration Act, 1860;
(m) trust; and
(n) every artificial juridical person, not falling within any of the above;
Person [Section 2(84) of CGST Act 2017]: “Person” includes—

(a) a place from where the business is ordinarily
carried on, and includes a warehouse, a godown or
any other place where a taxable person stores his
goods, supplies or receives goods or services or
both; or
(b) a place where a taxable person maintains his
books of account; or
(c) a place where a taxable person is engaged in
business through an agent, by whatever name
called;
Place of Business [Section 2(85) of CGST Act 2017]: “Place of
Business” includes––

“Reverse Charge” means the liability to pay tax by
the recipient of supply of goods or services or both
instead of the supplier of such goods or services or
both under sub-section (3) or sub-section (4) of
section 9, or under sub-section (3) or subsection (4)
of section 5 of the Integrated Goods and Services
Tax Act;
Reverse Charge [Section 2(98) of CGST Act 2017]:

“Works Contract” means a contract for building,
construction, fabrication, completion, erection,
installation, fitting out, improvement, modification,
repair, maintenance, renovation, alteration or
commissioning of any immovable property wherein
transfer of property in goods (whether as goods or in
some other form) is involved in the execution of such
contract;
Works Contract [Section 2(119) of CGST Act 2017]:

“Non-resident Taxable Person” means any person
who occasionally undertakes transactions involving
supply of goods or services or both, whether as
principal or agent or in any other capacity, but who
has no fixed place of business or residence in India
Non-resident Taxable Person [Section 2(77) of CGST Act
2017]:

Section 2 (5) defines of IGST Act, 2017 defines –
“Export of Goods”, with its grammatical variations
and cognate expressions, means taking out of India
to a place outside India.
Section 2 (10) defines of IGST Act, 2017 defines
– “import of goods” with its grammatical variations
and cognate expressions, means bringing goods
into India from a place outside India.

“Import of Services” as defined under Section 2
(11) of IGST Act, 2017 means the supply of any
service, when –
1.The supplier of service is located outside India;
2.The recipient of service is located in India; and
3.The place of supply of service is in India

“Export of Services” as defined under Section 2
(6) of IGST Act, 2017 means the supply of any
service, when –
1.the supplier of service is located in India;
2.the recipient of service is located outside India;
3.the place of supply of service is outside India;
4.the payment for such service has been received
by the supplier of service in convertible foreign
exchange; and
5.the supplier of service and the recipient of service
are not merely establishments of a distinct person in
accordance with Explanation 1 in section 8;

“Intermediary”
As per Section 2(13) of the Integrated Goods and
Services Tax (IGST) Act, 2017, unless the context
otherwise requires, the term “intermediary” means a
broker, an agent or any other person, by whatever
name called, who arranges or facilitates the supply
of goods or services or both, or securities, between
two or more persons, but does not include a person
who supplies such goods or services or both or
securities on his own account.

Section 2(15) of the Act defines the expression ‘location of
supplier of services’ as-
•where a supply is made from a place of business for which
the registration has been obtained, the location of such place
of business;
•where a supply is made from a place other than the place of
business for which registration has been obtained (a fixed
establishment elsewhere), the location of such fixed
establishment;
•where a supply is made from more than one establishment
whether the place of business or fixed establishment, the
location of the establishment most directly concerned with the
provision of the supply; and
•in absence of such places, the location of the usual place of
resident of the supplier.

Section 2(14) of the Act defines the expression ‘location of
the recipient of services’ as-
•where a supply is received at place of business for which the
registration has been obtained, the location of such place of
business;
•where a supply is received at a place other than the place of
business for which registration has been obtained (a fixed
establishment elsewhere), the location of such fixed
establishment;
•where a supply is received at more than one establishment,
whether the place of business or fixed establishment, the
location of the establishment most directly concerned with the
receipt of supply; and
•in absence of such places, the location of the usual place of
residence of the recipient.

Important Definitions under GST

More Related Content

What's hot (20)

Similar to Important Definitions under GST (20)

Recently uploaded (20)

Important Definitions under GST