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items not covered under gst

GST council has announced the rates for goods & services which also contains the list of exempted goods and services.

There are certain activities which are items not covered under GST. They are beyond the scope of GST, i.e., GST will not apply on them. These are classified under Schedule III of the GST Act as “Neither goods nor services”.

1.Services by an employee to the employer in relation to his employment

Related parties include employer-employee which raised many concerns whether employment now attracted GST.  This clarification has been brought in to clarify whether GST is not applicable on employment. An employee will still pay income tax on salary earned.

2. Court/Tribunal Services including District Court, High Court and Supreme Courtitems not covered under gst

Courts will not charge GST to pass judgement.

3. Duties performed by:

  • The Members of Parliament, State Legislature, Panchayats, Municipalities and other local authorities
  • Any person who holds a post under the provisions of the Constitution
  • Chairperson/Member/Director in a body established by the government or a local body and who is not an employee of the same

4. Services of a funeral, burial, crematorium or mortuary including transportation of the deceased

There are no taxes on funeral services for any religion.

5. Sale of land and sale of building

Construction of a new building is subject to GST (being works contract).

6. Actionable claims (other than lottery, betting and gambling)

Actionable Claims’ means claims which can be enforced only by a legal action or a suit, example a book debt, bill of exchange, promissory note. A book debt (debtor) is not goods because it can be transferred as per Transfer of Property Act but cannot be sold. Bill of exchange, promissory note can be transferred under Negotiable Instruments Act by delivery or endorsement but cannot be sold. 

Actionable claims are neither products nor services. They can be considered as something in lieu of money. So GST will not apply on these.

Lottery, betting and gambling attract 28% GST.

 

Apart from Schedule III, GST is also not applicable on the following,i.e., they are beyond the scope of GST:

  1. Petroleum products

 

2. Alcohol

To read more about GST rates and how it will affect you, please visit ClearTax.

 

 

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