CA Intermediate · Taxation · Supply under GST
Kapoor Traders, a registered dealer in Jaipur, transfers goods worth Rs 5,00,000 (its normal selling price) from its Jaipur head office to its own branch in Jaipur, which is a separate registration in the same State, without any consideration. Both are registered under the same PAN. Which statement is correct under CGST Act, 2017?
It is a supply. Registered establishments of the same person with separate registrations are distinct persons, and Schedule I treats supplies between distinct persons in the course of business as taxable even without consideration. The location within the same State does not change this.
- AIt is a supply, because distinct persons under the same PAN making supply to each other in the course of business are treated as distinct persons even within the same StateCorrect
- BIt is not a supply, because the transfer is within the same State
- CIt is not a supply, because no consideration is received
- DIt is a supply only if the branch is outside Jaipur
Explanation
Establishments of the same person in different registrations (same State or not) are treated as distinct persons. Schedule I treats supply of goods or services between distinct persons in the course or furtherance of business as supply even without consideration. So it is taxable; the same-State and no-consideration arguments are wrong.
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