Sunday, 18 June 2017

Section 2(30) of CGST Act 2017 :"Composite Supply" means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or bothor any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply.

Illustration -  Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply.

Analysis
As per Sec 66F of Finance Act 1994 (Old Service Tax Act)
(1) Unless otherwise specified, reference to a service (herein referred to as main service) shall not include reference to a service which is used for providing main service
(2) Where a service is capable of differential treatment for any purpose based on its description, the most specific description shall be preferred over a more general description
(3) Subject to the provisions of sub-section (2), the taxability of a bundled service shall be determined in the following manner, namely:– 
(a) if various elements of such service are naturally bundled in the ordinary course of business, it shall be treated as provision of the single service which gives such bundle its essential character. For Example- Hotel Accommodation with Breakfast, food etc, Education with Meal and Accommodation.
(b) if various elements of such service are not naturally bundled in the ordinary course of business, it shall be treated as provision of the single service which results in highest liability of service tax.
For Example- A building which is used for commercial purpose on ground floor and for residential purpose on above floors. 
Explanation - For the purposes of sub-section (3), the expression "bundled service" means a bundle of provision of various services wherein an element of provision of one service is combined with an element or elements of provision of any other service or services.
Now as per Sec 2(30) of CGST Act 2017 composite supply consist of goods or services or both which are naturally bundled.

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