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the State Government in which they are engaged as public authorities.   CCP 02.08.19.00
                         Shall be treated neither as a supply of goods nor a supply of    Ajatasatru Industries enters into a contract with an actor – Chandragupta - to
                                                                                          act as a brand ambassador of products manufactured by Ajatasatru Industries.  CH 2
               services.
                                                                                          The  duration  of  the  contract  is  5  years  and  the  contract  fee  payable  to

            CCP 02.08.18.00                                                               Chandragupta for being a brand ambassador is ` 50 lakh per annum. As per the
                                                                                          terms of the contract, in case the contract is terminated by Chandragupta
           Discuss whether the following activities constitute 'Supply' in accordance with
                                                                                          before the end of the contract period, Chandragupta will have to repay to
           section 7 of CGST Act
                                                                                          Ajatasatru Industries, 50% of the contract fee received by him till the time of
            (i) Mr. Raj sold electronic gadgets to XYZ Co.
                                                                                          termination of contract.
            (ii) Arya pvt. ltd. entered into a hire purchase agreement with AB pvt. ltd. for
                                                                                          At the end of 3rd year, Chandragupta terminates the contract with Ajatasatru     Charge of Tax & Concept of Supply
               supply of a machine unit.
                                                                                          Industries.  He  has  received  the  contract  fee  for  3  years  at  the  time  of
            (iii) Asha purchase an LED TV of 24 inch from Sony electronics store and in
                                                                                          termination of contract.
               return gave away her old TV.
                                                                                          You are required to determine whether the given transaction(s) qualifies(y) as
            (iv) VB associates a CA firm appointed Mr. Urja as an interior decorator to
                                                                                          supply(ies).[ICAI Material]
               design it's office outlet in exchange for such service, VB associates rendered
               tax compliance services to Mr. Urja.                                       Answer- As per section 7(1)(a), supply includes all forms of supply of goods or
                                                                                          services or both made or agreed to be made for a consideration by a person in the
            (v) M/s Bharat Electronics disposed scrap part of electric unit to a scrap
               dealer.                                                                    course or furtherance of business.
            (vi) Supply of Beer Shampoo @ 28%                                                     In the given case, Chandragupta has agreed to provide his services as a brand
           Answer:-                                                                       ambassador of the products manufactured by Ajatasatru Industries at an agreed
            i)  Yes , as term sale is included in the expression supply                   annual consideration.

            ii) Yes,  it is supply as per sec 7(1) and it is classified as a supply of goods  as per sec   Thus, his services fall within the purview of the term “supply” under GST where the
              7 (1A)read with schedule II                                                 consideration charged for such supply is ` 50 lakh per annum.
            iii) Yes,  as the above supply falls under barter   transaction which is also included   Further, section 7(1A) provides that when certain activities or transactions constitute
              under the scope of supply                                                   a supply in accordance with the provisions of section 7(1), they shall be treated either
            iv) Yes,  it is a form of exchange  which is included under the scope of supply  as a supply of goods or supply of services as referred to in Schedule II of the CGST Act.
            v) Yes,  if the disposal is in course or furtherance of business of M/s Bharat        Tolerating non-performance of a contract is an activity or transaction which
              electronics then it shall be considered as a supply.                        is treated as a supply of service as per Schedule II and the person is deemed to have

            vi) Yes , it is a supply, only the supply of alcoholic liquor for human consumption is   received the consideration in the form of fines or penalty and is, accordingly, required
              out of the scope of GST                                                     to pay tax on such amount.
                                                                                          In the given case, since Ajatasatru Industries is tolerating the act of Chandragupta of



              CA VISHAL BHATTAD          09850850800                       www.vsmartacademy.com                                               V’Smart Academy          17
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