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(n) every artificial juridical person, not falling within any of the  above    CCP 02.04.07.00
           ii) As per section As per section 2(105)  of CGST Act, the term 'Supplier'  in relation to
                                                                                          Shreya ltd is having an establishment in Goa. It has another establishment in
             any goods or services or both, shall                                                                                                                       CH 2
                                                                                          the Union Territory of Chandigarh. Will they be treated as establishments of
             mean the person supplying the said goods or services or both and
                                                                                          distinct persons under GST Act?
             shall include    an agent acting as such on behalf of such supplier in relation to the
                                                                                          Answer: As per section 25(5) of CGST Act,  a person obtained/required to obtain
             goods or services or both supplied
                                                                                          registration in a State or UT, in relation to an establishment in another State/ UT,
           iii)As per section 2(93)  of CGST Act, “recipient”  of supply of goods or services or
                                                                                          then such establishment shall be treated as establishment of distinct person.
              both, means—
                                                                                                  Shreya  ltd  shall  be  required  to  obtain  separate  registration  in  Goa  &
              (a) where a consideration is payable  for the supply of goods or services or both ,
                                                                                          Chandigarh in respect of both the establishments & shall be treated as distinct
                 the person who is liable to pay that consideration;                                                                                                       Charge of Tax & Concept of Supply
                                                                                          establishments.
              (b) where no consideration is payable  for the supply of goods , the person to
                 whom the goods are delivered or made available, or to whom possession or use
                 of the goods is given or made available; and                                05. Definition of Goods & Services
              (c) where no consideration is payable  for the supply of a service , the person to   CCP 02.05.08.00
                 whom the service is rendered                                              Define the following term as in accordance with GST
                                                                                           I) Goods      ii) Services
              And any reference to a person to whom a supply is made shall be construed as a
                 reference to the recipient of the supply and                              Answer:-  i) As per section 2(52) of CGST Act, 2017 Goods :-
                  shall include an agent acting as such on behalf of the recipient in relation to      means       Ü every kind of movable property
              the goods or services or both supplied.                                         Other than   Ü money & securities
                                                                                              but includes  Ü actionable claim,
                                                                                                         Ü Growing crops, grass and things attached to or forming part of the
              04. Deemed Distinct Person (DDP)                                             land   which are agreed to be severed before supply or under a contract of supply.
            CCP 02.04.06.00                                                                ii) As per section 2(102) of CGST Act, 2017 “Services”

           Smart Pvt Ltd has head office located in Bangalore (Karnataka). However, the             means        Ü anything other than goods, money and securities
           branch of Smart pvt ltd is located in state of Gujarat. Will they fall under the       but includes     Ü activities relating to the use of money or
           ambit of deemed distinct person under GST Act?                                                       its conversion by cash or by any other mode, from one form,
           Answer: As per clause (4) of section 25 of CGST Act,  Smart Pvt Ltd shall be    currency or denomination, to another form, currency or denomination for which a
           required to obtain a separate registration in State of Karnataka & Gujarat in respect   separate consideration is charged.

           of its head office & branch respectively. Thus, head office & branch shall be treated   Explanation  Ü   For removal of doubts, it is hereby clarified that the expression
           as distinct persons.                                                            “Services” includes facilitating or arranging transaction in securities.



              CA VISHAL BHATTAD          09850850800                       www.vsmartacademy.com                                               V’Smart Academy          13
                                                                                 CA Final GST Questioner
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