Schedule II of CGST Act, 2017 – Activities to be treated as Supply of Goods or Supply of Services

The Central Goods and Services Tax Act, 2017

SCHEDULE II
[See section 7]
Activities ¹[or transactions] to be treated as Supply of Goods or Supply of Services

1. Transfer

(a) any transfer of the title in goods is a supply of goods;

(b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services;

(c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods.

2. Land and Building

(a) any lease, tenancy,^c1 easement, licence to occupy land is a supply of services;

(b) any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services.

3. Treatment or process

Any treatment or process^c2 which is applied to another person’s goods is a supply of services.

4. Transfer of business assets

(a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, ²[***] such transfer or disposal is a supply of goods by the person;

(b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, ²[***] the usage or making available of such goods is a supply of services;

(c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless—

(i) the business is transferred as a going concern to another person; or

(ii) the business is carried on by a personal representative who is deemed to be a taxable person.

5. Supply of services

The following shall be treated as supply of services, namely:—

(a) renting of immovable property;

(b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier.

Explanation.—For the purposes of this clause—

(1) the expression “competent authority” means the Government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely:—

(i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972; or

(ii) a chartered engineer registered with the Institution of Engineers (India); or

(iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority;

(2) the expression “construction” includes additions, alterations, replacements or remodelling of any existing civil structure;

(c) temporary transfer or permitting the use or enjoyment of any intellectual property right;ⁿ¹

(d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software;

(e)^c3 agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and

(f) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.

6. Composite supply

The following composite supplies shall be treated as a supply of services, namely:—

(a) works contract as defined in clause (119) of section 2; and

(b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration.

7. ³[***]

References

Enforcement:

Enforced w.e.f. July 01, 2017 [Notification No. G.S.R. 658(E) dated 28.06.2017].

Amendments:

1. Inserted by Central Goods and Services Tax (Amendment) Act, 2018, w.e.f. 01.07.2017 and shall always be deemed to have been inserted, [the Amendment Act, 2018 enforced w.e.f. 01.02.2019 vide Notification No. 2/2019–Central Tax dated 29.01.2019].

2. Omitted by Finance Act, 2020, w.e.f. 01.07.2017 and shall be deemed to have been omitted with effect from the 1st day of July, 2017 [vide Notification No. 92/2020–Central Tax dated 22.12.2020], the words “whether or not for a consideration,”.

3. Omitted by Finance Act, 2021, w.e.f. 01.07.2017 and shall be deemed to have been omitted w.e.f. 01.07.2017, [the Finance Act, 2021 enforced on 01.01.2022 vide Notification No. 39/2021–Central Tax dated 21.12.2021], the paragraph:

“7. Supply of Goods

The following shall be treated as supply of goods, namely:—

Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration.”.

Notifications:

n1. Exempts IGST on the supply of services, imported into the territory of India, covered by Schedule II(5)(c) to CGST – IGST Notification No. 06/2018 – Integrated Tax (Rate) dated 25.01.2018.

Circulars:

c1. The activity of transfer of tenancy right against consideration in the form of tenancy premium is a supply of service liable to GST. It is a form of lease or renting of property and such activity is specifically declared to be a service in para 2 of Schedule II i.e. any lease, tenancy, easement, licence to occupy land is a supply of services. The transfer of tenancy rights cannot be treated as sale of land or building declared as neither a supply of goods nor of services in para 5 of Schedule III to CGST Act, 2017. Thus a consideration for the said activity shall attract levy of GST.0[Circular No.44/18/2018-CGST dated 02.05.2018]

c2. Milling of paddy into rice cannot be considered as an intermediate production process in relation to cultivation of plants for food, fibre or other similar products or agricultural produce-Circular No. 19/19/2017-GST dated 20.11.2017.

c3. For interpretation of clause (e), Liquidated Damages, Compensation for cancellation, Cheque dishonor fine/ penalty, Penalty imposed for violation of laws, Forfeiture of salary or payment of bond amount in the event of the employee leaving the employment before the minimum agreed period, Compensation for not collecting toll charges, Late payment surcharge or fee, Fixed Capacity charges for Power, Cancellation charges etc., refer Circular No. 178/10/2022-GST dated 03.08.2022. Further, for the transaction of levy of additional / penal interest does not fall within the ambit of entry 5(e) of Schedule II of the CGST Acts, refer Circular No. 102/21/2019-GST dated 28.06.2019. No GST is payable on the penal charges levied by Regulated Entities, in compliance with RBI directions dated 18.08.2023, for non-compliance with material terms and conditions of loan contract by the borrower, refer Circular No. 245/02/2025-GST dated 28.01.2025.

c4. Clarification on various issues pertaining to GST treatment of vouchers.[Circular No. 243/37/2024-GST dated 31.12.2024]