Issue No: 21
Moneta
July 2017
company as defined in clause (45) of
section 2 of the Companies Act, 2013;
category
States,
from
where
he makes a taxable supply of
goods or services or both, if his
aggregate turnover in a financial
year exceeds twenty lakh rupees.
In the above section the phrase
―Supplier‖ is used. Let us discuss
who is supplier.
(h) Anybody 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;
Who is a Supplier?
(j) A local authority;
Sec 2(105) of CGST Act : ―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;
(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;
From the above section it clear that
supplier mean a person supplying.
From the above it is obvious that
under clause(i) a co-operative
housing
society
will
be
covered under
the
definition
of Person.
Let us now discuss who is
a Person and whether Co-operative
Housing Societies cover under the
definition of Person
Sec 22. (1) of CGST Act also made a
reference of ―taxable supply”. Let us
understand what is ―Taxable Supply‖.
Who is a Person?
Person has been Defined under
2(84) as follow:
What is “Taxable Supply”:
Sec 2(84) of CGST Act, ―Person‖
includes—
Sec 2(108) of CGST Act : ―taxable
supply‖ means a supply of goods or
services or both which is leviable to tax
under this Act.
(a) An individual;
(b) A Hindu Undivided Family;
Now the question arises whether
the Co-operative Housing Society or
Residential Welfare Association is
making any ―supply” and such supply
leviable to tax? Let us see the definition
of ―supply‖
(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;
What is “Supply”:
As per 7. (1) of CGST Act : For the
purposes of this Act, the expression
―supply‖ includes––
(g) Any corporation established by or
under any Central Act, State Act or
Provincial Act or a Government
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