Table of Contents
Table of Contents
Last updated: 09 October 2026 · Written and reviewed by CA Meet Dhrangadhariya, CSM & Co LLP
Quick summary
Before GST, a single transaction could be taxed at different points under different laws - excise duty at the factory gate, service tax when a service was rendered, VAT when goods were sold. GST replaced all of that with one taxable event: supply. Whether a transaction attracts GST at all, and when, almost always comes back to whether it counts as a “supply” under section 7 of the CGST Act.
New to terms such as “consideration” or “furtherance of business”? See the technical terms explained in simple words further down.
Under section 7(1) of the CGST Act, 2017 (Scope of supply), “supply” includes:
For an ordinary transaction (not one of the Schedule I exceptions), two elements must both be present:
If either element is missing, it is not a supply, and GST does not apply:
Four specific situations are treated as supply even though no consideration changes hands:
Some transactions sit at the boundary between “goods” and “services.” Schedule II settles the classification, which matters because goods and services can carry different GST rates and different place-of-supply rules. Key examples:
| Transaction | Classified as |
|---|---|
| Transfer of title in goods | Supply of goods |
| Transfer of a right in goods, or an undivided share, without transferring title | Supply of services |
| Transfer of title under an agreement where it passes only on full payment at a future date (hire-purchase style) | Supply of goods |
| Lease, tenancy, easement, or licence to occupy land | Supply of services |
| Lease or letting out of a building, commercial, industrial or residential, wholly or partly | Supply of services |
| Any treatment or process applied to another person’s goods (job work) | Supply of services |
| An owner allowing business assets to be used for personal purposes | Supply of services |
Schedule III is the negative list - transactions GST does not touch, because they are treated as neither a supply of goods nor a supply of services:
A 2019 amendment, with retrospective effect from 1 July 2017, added three more entries that are now settled, enacted law, not a pending proposal:
A further amendment added two insurance-specific entries, also now in force:
Section 7(1A) sends any activity that is a supply (under sub-section 1) on to Schedule II for classification, but a separate question - how several items bundled into one supply are taxed - is answered under section 8 of the Act:
Whether a transaction is a supply at all, and if so which rate and classification applies, is often the first and most consequential question in a GST dispute - getting it wrong at the invoicing stage is far cheaper to fix than after an assessment. Please reach out to our team and we will be happy to assist with transaction classification, composite and mixed supply determinations, and GST structuring.
| Term | What it means |
|---|---|
| Consideration | Anything of value - money or otherwise - given or promised in return for a supply. |
| Furtherance of business | Done as part of carrying on a business, rather than a private or personal act unconnected to it. |
| Related persons | People or entities connected by specific relationships defined in the GST law (officers/directors of each other’s businesses, certain family members, entities under common control, and similar), whose transactions get special GST treatment. |
| Distinct persons | The same legal entity’s separate GST registrations (for example, two different State registrations of the same company), treated as separate “persons” for GST purposes. |
| Job work | Any treatment or process carried out by one person on goods belonging to another registered person. |
| Actionable claim | A legal claim to a debt or to movable property not in the claimant’s possession - mostly outside GST’s scope except lottery, betting and gambling. |
Any transfer, sale, barter, exchange, licence, rental, lease or disposal of goods or services made for a consideration, in the course or furtherance of business - plus a short list of specific exceptions in Schedule I that count as supply even without any consideration.
It must be made for a consideration, and it must be in the course or furtherance of business. A transaction missing either element - a private sale with no business connection, or something given away free as a hobby - does not count as supply, unless Schedule I specifically treats it as one anyway.
Four situations treated as supply even with no consideration at all: a permanent transfer of business assets on which input tax credit was claimed, a supply between related or distinct persons in the course of business (gifts up to Rs 50,000 a year from an employer to an employee are excluded), a principal-agent transaction involving goods, and import of services, without payment, from a related person or establishment outside India.
It settles borderline cases by classifying specific activities as either a supply of goods or a supply of services - for example, any lease or letting out of land or a building is always treated as a supply of services, never as a sale of goods, no matter how the parties describe it.
Schedule III lists transactions treated as neither a supply of goods nor of services at all - an employee’s services to their employer, court and tribunal services, the sale of land, and most sales of a building. A 2019 amendment (with retrospective effect from 1 July 2017) added warehoused-goods and high-seas-type transactions, and a later amendment added two specific insurance transactions: apportionment of co-insurance premium between a lead insurer and co-insurer, and ceding commission deducted from reinsurance premium.
In a composite supply, two or more items are naturally bundled and supplied together in the ordinary course of business, with one principal item - the whole supply is taxed at that principal item’s rate. In a mixed supply, two or more independent items are sold together for a single price but could just as easily be sold separately - the whole supply is taxed at the rate of whichever item in it has the highest rate.
This article is for general informational purposes only and should not be considered professional advice. Please consult a qualified expert for advice tailored to your specific situation. The author and website owner are not liable for any errors or actions based on this content.