Thursday 1 June 2017

Section 2 of CGST Act 2017  : "Definitions" 

Section 2(1) of CGST Act 2017 : Actionable Claim - Actionable Claim means a claim to any debt, other than debt  secured by mortgage of immovable property or by hypothecation or pledge of movable property or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil court recognise  as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent (As per Transfer of Property Act,1882).  
Example: Unsecured Claim/ Loan, Pending Litigations, Arrears of Rent, Insurance Claim, Lottery Ticket (Neither Goods nor service as per Sikkim High Court 2013 Judgement), Promo Code.

As per Service Tax (Old Act): Actionable Claim is not service. 




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