Section 2(47) of CGST Act: exempt supply

(47) "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 nontaxable supply

 Understanding Exempt Supply

An exempt supply is a transaction where goods or services, or both, are either completely exempt from GST or attract a nil rate of tax. This means that no GST is charged on the supply and, consequently, no input tax credit (ITC) can be claimed on the inputs used in providing such supply.

Components of Exempt Supply

According to Section 2(47) of the Central Goods and Services Tax (CGST) Act, exempt supply includes:

  • Nil Rated Supply: Supplies attracting a zero tax rate (0%).
  • Exempt Supplies under Section 11 of CGST: Supplies specifically exempted by the Central Government through notifications under Section 11 of the CGST Act.
  • Exempt Supplies under Section 6 of IGST: Supplies exempted under the Integrated Goods and Services Tax (IGST) Act.
  • Non-Taxable Supplies: Supplies that are explicitly excluded from the scope of GST (e.g., alcoholic liquor for human consumption).

Key Points about Exempt Supplies

  • No GST Liability: There is no GST payable on exempt supplies.
  • No Input Tax Credit: Input tax credit cannot be claimed on purchases related to exempt supplies.
  • Specific Exemptions: The list of exempt supplies is specified in notifications issued by the government.

Examples of Exempt Supplies

  • Agricultural products: Most agricultural produce is exempt from GST.
  • Services provided by government: Many government services are exempt from GST.
  • Specific goods and services: Certain goods and services may be exempted under specific notifications.

Importance of Exempt Supplies

Understanding exempt supplies is crucial for businesses as it affects their tax liability, input tax credit claims, and overall GST compliance. Correct identification of exempt supplies helps in avoiding unnecessary tax burdens and penalties.

 

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