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CA Final · Indirect Tax Laws · Exemptions from GST

Mehta Distillers Ltd, Nashik, makes the following supplies during a month: (i) export of readymade garments under a Letter of Undertaking without payment of IGST, (ii) sale of mobile phones to retailers, (iii) sale of alcoholic liquor for human consumption to licensed wholesalers, and (iv) a taxable service on which the recipient pays tax under reverse charge. Which of these is an 'exempt supply' under the GST law?

Sale of alcoholic liquor for human consumption is an exempt supply because it is a non-taxable supply, and the definition of exempt supply includes non-taxable supplies along with nil-rated and wholly exempted supplies. Zero-rated exports and ordinary taxable supplies, including reverse charge ones, are not exempt supplies.

  1. AExport of readymade garments under LUT
  2. BSale of mobile phones to retailers
  3. CSale of alcoholic liquor for human consumptionCorrect
  4. DTaxable service on which the recipient pays tax under reverse charge

Explanation

Exempt supply includes supply of goods or services that attract nil rate of tax, that are wholly exempt by notification, and non-taxable supplies. Alcoholic liquor for human consumption is outside GST, so it is a non-taxable supply and therefore an exempt supply. Exports under LUT are zero-rated, not exempt. Mobile phones and the reverse-charge service are taxable supplies.

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