Hello friends, how are you all? Good morning, good evening,
good afternoon.
Whoever is watching me at this time, a hearty welcome to
that person.
Friends, welcome to our new lecture, a fresh lecture.
How are you all?
Great, great fun outside.
Are you fighting?
Are you struggling with things?
Are you fighting with topics?
Sir, it is important in life that you are putting effort,
you are fighting sir.
Because the one who has lost is the one who has not fought.
Those who fight, those who try, never lose sir.
The main thing in life is to decide.
If you decide, you will do it.
If you don't decide, then wherever you are, you will go
down from there.
In practical life, I am telling exactly what I have seen.
The people who have decided in life that we have to change
our present situation.
We have to achieve such a level, which makes our status.
Now our status is such that whoever comes, beats us and
leaves.
We have answers.
We know what to say to him.
But for some reason, we are not able to speak to him.
We are not able to reply back.
And he knows that we will not be able to do anything.
Because of this, he is beating us sir.
But in life, if you want such a status, that peak of the
mountain, if you want to climb, from where all the
sceneries seem small to you, every destination seems small
to you, then sir, you will have to decide that thing.
Actual thing, which people make, which people make,
actually it is made later, first it is in the mind.
When the person who invented the bulb for the first time,
the invention happened after many years, but the first
invention happened in his mind.
He had thought in his mind that I will make such a thing,
which will remove the darkness.
24 hours of light came.
In the fight for freedom, people had thought in their mind,
that we need such a revolution.
We will have to do such things, which will make our country
free.
He thought in his mind, but the action happened later.
It is all a game of the mind.
If you decide in your mind that I have to do this work,
your path will continue to be like this.
From nature, from nature, you will get signals like this,
that you will move ahead on the same path.
The whole game is of the mind.
If you decide, you will achieve something sir.
200 years ago, in South Africa, in a train, an Indian was
kicked out of the train.
That person had decided, he had decided that you have
kicked me out of the train,
I will kick you out of the country.
I am talking about Mahatma Gandhi.
The old man had decided.
He had decided.
Just by wearing a dhoti and a stick, he sent the British
back to their country.
This is a police station.
You have to bring fire inside you.
There used to be a bus conductor, a man whose name was
Shivaji Rao.
Bus conductor till the age of 25, 26, 27.
What would be the income of that person?
The police station has to change its status.
To earn money.
To get fame.
The level of life today,
I have to take that level up.
Police station.
Today, that person is famous by the name Rajnikanth.
You have to be firm in life.
If you don't be firm, wherever you are, if you don't do
anything, you will fall down from here.
The situation now, if it is bad, it will become worse than
bad.
It won't be good if you don't be firm.
You have to awaken yourself sir.
Give fire to dreams, remove sleep from there.
If you have dreams, give fire to those dreams.
Give dreams.
Think about what can happen.
Bring things in your mind.
If you decide in your mind, then only in real life, you
will be able to execute it.
If I want to buy a car, the car will come after 2 years.
But I will think in my mind, whether I want BMW or Mercedes.
If I decide in my mind that I want Mercedes, then I will
start working for Mercedes.
I won't do small things.
I will do big things.
I will try to do big things.
But if I have thought in my mind, that I want to be active,
then you don't work on big things.
You will be at small level in life.
So, you have to think big and decide things.
Come on guys.
Come on.
Let's start our next topic with this.
Schedule 1 and Schedule 2, we had covered in our last
lectures.
We had also covered the definition of supply.
What comes in supply and what doesn't.
In Schedule 1, without giving any consideration, some
things were considered as supply.
We had also studied that.
Schedule 2 told us, which things are supply of goods and
which things are supply of services.
Schedule 2 told us this.
Today, the last schedule of this chapter is
Schedule 3.
What does Schedule 3 tell us?
Schedule 3 tells us that this is a list of things which are
neither supply of goods nor supply of services.
Neither these are supply of goods nor supply of services.
When these are neither supply of goods nor services, will
there be any GST on them?
The answer is no.
There will be no GST.
Such things have been specifically told to you.
The law has written and told you that if you are falling in
this category, this is the list of those activities which
are neither supply of goods nor supply of services.
There is nothing.
When there is nothing, there will be no work on it.
It is as simple as that.
This is the point.
Come on.
Let us try to understand what are those points which are
neither supply of goods nor supply of services.
You just need 5 minutes of your attention.
This chapter will be clear.
After that, we will revise it.
Let us finish it.
Come on, guys.
Let us start.
Point no. 1.
Look at it.
What is it saying?
It is saying that activities or transactions which shall be
treated neither as supply of goods
nor as supply of services.
What is that?
What is the first point?
Services by employee to the employer in the course of
employment.
There is an employee.
Just like people work in offices.
There is an employee.
He is giving some services to his employer.
There is an employee.
He goes to the office in the morning.
He works all day.
What does he do?
Basically, he is giving services to the employer and in
return, at the end of the month, he gets a salary.
This is the concept.
There is nothing different in it.
I go there.
I work there for a month.
And I get a salary from him.
That salary is nothing.
That salary is a price
which is given to you to fulfill your dreams.
There is nothing else, sir.
If you think deeply, what is employment?
What is employment?
Employment basically means that you go to another person
and you are fulfilling his dream.
You are making his dream a reality.
You are fulfilling his dreams by going to another person.
And in return, the small pieces that you throw away, that
is called salary.
Salary is that price for which you forget your dreams and
forget the palace of your dreams and make a palace of
someone else's dreams.
You fulfill someone else's dreams.
That is called salary.
In life, if you get a chance, see, not everyone's situation
is the same.
Everyone's situation is different.
I understand it well.
But in life, not today, after 10 years, after 15 years,
after 20 years, whenever you get a chance, try to do some
small business.
Even if it is a small business, even if it starts with an
investment of 25,000-50,000, but try once and see.
If it flops, we are anyway a flop.
We are not a super star.
But sir, think of 1%.
If 1% works, 1%, there is only 1% chance.
Even if that 1% chance is fulfilled, even if that 1% works,
sir, you will transition from being an employee to being an
employer.
Where you used to go to work for someone, you will become
an employer.
Now people will come to you to work.
The satisfaction of a business is different.
I also run a small business.
We hired 3-4 new interns from Fresh Becom.
And I'll tell you, it's a lot of fun, a lot of satisfaction.
It feels like you're doing something for yourself in life.
You're not dependent on someone else's growth.
You're focusing on your own growth.
Because when I know that I have so much talent, that
effort, we all have talent, we have patience.
When we can work hard for others and make them great, then
that hard work is doubled in our work.
If I'm working hard for 8 hours, or if I'm working hard for
16 hours, where will I take that from?
That's why I'm requesting you,
I know that not everyone's financial condition is the same.
But I'm telling you, if you get a chance in life, just give
it a try.
Consider it as gambling.
Just give it a try.
Start a small business.
If it doesn't work out, it's okay.
At least you don't have any regrets.
When a person is about to die, he has a lot of regrets.
He doesn't have any regrets that if he had done something
at that time, then today's life would have been different.
There was a chance at that time.
The economy was also open.
Funds were coming.
People are ready to invest at today's rate.
You just need an idea.
You have a good idea.
People are investing in your business.
You see, this is Shark Tank India.
People are distributing money to invest.
You should have a good idea.
Anyway, let's leave this topic.
Let's come to the topic.
If an employee gives services to his employer, he gets a
salary in return.
So some people raised a concern that this is also being
covered in the definition of supply.
What is happening in the definition of supply?
Either there is a sale of goods or there is a provision of
services.
So there is a provision of services.
The employee is giving some services to his employer.
In return, he is taking money.
He is taking salary.
So what is that?
It has become a consideration.
It is in the course of business.
So this has also become supply.
And when it becomes supply,
GST will also be imposed on it.
And at what rate will it be imposed?
The GST on services.
Just think, what could have been the problem?
The poor guy is earning Rs. 25-30 per month.
In future, he will also cut the invoice and give it to his
employer.
He will also collect GST from him.
After collecting GST from his employer, how will he deposit
it?
Will he take input tax credit?
That yes, I have come in a taxi.
Taxi driver has so much money.
He has put so much GST.
His credit?
I have bought this pen from the market.
I have paid GST for it.
Was this system practically possible?
Then from that employee, who is earning Rs.
25-30 per month, we tell him to pay the GST return.
You pay the monthly return.
You pay the annual return.
Your audit will also be done.
Is this possible?
Just think, how many problems we face.
How many crores of people are working in India?
How many problems do we face?
My brother, who is a peon, he also pays the GST return.
My brother, who is a director in a company, who is in a
very big post, he also pays the GST return.
My brother, who is a labourer, he also shows his GST
returns.
If a labourer is an employee,
the peon is also an employee.
Just think, how many problems we face.
Forget this.
Forget this also.
The casual labourers, the contractors, the people who work
under the contractors, the people on daily wage, do they
also pay their GST returns?
My brother, who is earning Rs.
300-500 per day,
is he also earning Rs.
500 per day?
Is he earning Rs.
300 per day?
Does he also pay his GST returns?
Does he also go to a CA and pay his money?
My brother, here is my output tax.
I took the input tax of this much amount.
My brother, who is a labourer, does he do all these things?
Sir, the problem increases a lot.
Because of this, the government specifically said that
there is a relationship between an employer and an employee.
In that relationship, during the employment itself, if the
employer is paying, then remove that thing from the GST
provision.
This means that simply take your salary and go to your home.
No GST provisions are applied on you there.
This thing has been removed specifically.
The definition of supply has been removed.
Look, Services by employee to the employer in the course of
furtherance, in the course of employment.
Look at this.
Look at this image.
This is Jethalal.
And this is Baga.
I have not understood his style till now.
I don't know, maybe I have missed some of his episodes.
Why does he stand like this?
I have not understood till now, why does he stand like this?
Whatever it is,
Jethalal is an employer.
And what is our Baga?
What is our Baga?
He is an employee.
So, if Jethalal gives some salary to Baga,
will Baga pay GST on it?
Answer is no.
Why? Because such a schedule is written in 3 that the
employee gives any services to the employer during the
course of employment.
So, no GST is applied on him there.
Look at this, read this once.
Wait a minute.
Amount received by the employee from the employer
Amount received by the employee from the employer on
premature termination of the contract of employment
This will also be considered services provided by the
employee in the course of employment.
For example, he was fired from his job.
He was an employee.
He was told that you have to come here in the morning
and you have to do accounting work in our office.
We will give you the position of Accounts Head.
You will handle all the accounting work.
Okay.
Now, what is he doing there?
It is 9 o'clock and he is reaching at 12 o'clock.
There was another madam in the sales department.
That madam set him up.
He comes late to the office.
It is time for balance sheets.
It is time for returns.
No balance sheet has been made.
No return file is being filed.
There is chaos.
Income tax is being printed.
He himself met the income tax people.
Prints are being printed in his company.
The money he is taking is being printed on the sales lady.
So, what did the company say to him?
Brother, the thing is that we are very upset with your
behavior.
We cannot tolerate you.
Take your full and final payment.
We have given you a salary of 2-3 months.
And brother, you leave from here.
We cannot tolerate you.
We cannot tolerate such a person.
What kind of behavior is this?
You do not come to the office on time.
You have run your business with the sales lady.
It is not like that.
You are printing and printing.
You are not doing any work.
You leave from here.
The payment he was given for 2-3 months.
So that you can go to your home.
You find a job for 2-3 months.
The payment for 2-3 months.
Now someone will tell us that he did not give any services
in this.
For 2-3 months, he got an extra payment.
He did not give any services.
Will this be considered as a supply?
No.
This will also not be considered as a supply.
Because it is written here.
The amount received by the employee on premature
termination of the employment contract in relation to
services provided by the
What will be considered?
You have given services only during the course of
employment.
Come here.
Next point.
Next point says
Is there a casual worker?
Is there a labourer?
Who gives services to his contractor?
So what will be considered?
In the course of employment.
The example I gave you.
If someone earns Rs. 300-400-500 per day.
Will he keep taking out liability of GST?
Does he have so much free time?
The person whose life is not good.
Why are you worried about his life?
He is already worried.
So that's why, that poor daily wage worker, the casual
worker, should be kept out of GST provision.
That too, will come in the relationship between the
employer and the employee.
So there will be no liability of GST on that as well.
Okay.
See.
Then we have come here.
Come to point no. 53.
The one below.
53.
It says,
Services provided on contract basis by a person to another
person.
Means it is on principle to principle basis.
These are not those services.
They are not services, which are provided in the course of
employment.
What does it mean to say?
If, the point we are discussing here, is the point of
employer and employee.
If an employee gives a service to an employer, you should
remove it from the supply provision.
Remove it from the GST provision.
There is no GST on that.
But this is the point that if you are working on a
principle-to-principle basis.
Principle-to-principle basis means...
I will give you 2-3 examples.
For example, you hit someone's car.
And the person whose car you hit filed a case against you.
He was a high-level person.
He said,
Police is for later.
I will directly file a case against you in the High Court.
He reached the High Court.
Now when he reached the High Court, he himself was a lawyer.
So he reached the High Court.
He didn't have to pay any expenses.
You are a simple man.
You hit someone's car by mistake.
You were thinking about GST after our class.
You were not paying attention.
You were paying attention to what I was saying.
Sir asked you to look into a business.
So you were thinking about a business.
And while thinking, you hit that person's car.
Although there was no injury.
But he was a lawyer.
He had to show his Tora.
He reached the High Court.
Now you will also have to go to the High Court.
You tried a lot to settle out of court.
But he didn't agree to it.
Now you will also have to get your lawyer out of court.
You will have to get your lawyer out of court.
Now this lawyer of yours, who will be your lawyer,
will he be considered your employee?
Think about it.
You have contracted that lawyer, you have a fee of Rs.
I will give you Rs. 25,000.
I will give you Rs. 5,000 in the starting.
I will give you Rs. 10,000 in the middle.
I will give you the balance when the case is over.
I will pay you the balance then.
Is this contract of yours, between an employer and an
employee?
Is he your employee?
No.
Will he come to your office every day for 8-10 hours?
And will he keep coming?
Until you convince him
or until he gets a better opportunity?
Is this possible?
No.
The contract is going on on a principle to principle basis.
Absolutely right.
Example number 2.
You go to a CA to get your income tax return paid or to get
your balance sheet made or to get some other accounting
work done.
You go to the CA's office.
You say,
Brother, I have to get my income tax return paid or I have
to get my tax audit done.
How much money will you charge?
The CA says,
I will charge Rs.
50,000 for your tax audit report.
You say, okay sir.
You give him Rs. 50,000.
He finishes your work.
He files your tax audit report.
Now that CA practice, has he become your employee?
Think about it.
He has contracted you on a principle to principle basis.
That okay, whatever work you have,
I will finish it.
You give me the money.
I will finish your work.
He has not contracted that I will come to your office every
day and I will keep coming.
Until I get another job or until you kick me out.
This is not the case.
There are contracts on a principle to principle basis.
This is what happens with film stars.
Shahrukh Khan or Akshay Kumar, when they sign a film, they
also have a principle to principle basis contract that
there is a shoot for so many days.
It will take so much money.
I will bring my staff.
I will shoot for so many days and then I will leave.
This is not the case.
Akshay Kumar is working with the same person
with the same director and the same producer.
They work with different producers.
So, they also have a principle to principle basis contract.
So, this is the thing.
Now, the fee that you will give to the CA, the fee that you
will give to the lawyer, the tax audit fee that you have
given to the CA of Rs 50,000, the fee that Akshay Kumar
will charge,
will he get GST?
Is he an employer-employee?
No, he is not an employer-employee.
If it is a principle to principle basis contract, then he
will definitely get GST.
Take a look at this image.
You may not be able to see the whole image.
This used to be the name of our Jagdishwar Tyagi.
He also fought someone's case in the film.
So, did he become his employee?
No, he was not his employee.
It was a principle to principle basis contract.
Whatever fee he charged, he would have definitely charged
GST.
Second point.
Services by any court or tribunal established under any law
for the time being in force.
A court or tribunal is providing you services.
For example, if you go to a court, a high court, a supreme
court, or a lower court, you have to deposit some documents
that require some court fees.
You must have heard the word court fees.
Now, this court fees, whether it will be charged GST or
not, this is what he wants to discuss with you.
Court fees are nominal fees
but if you have to deposit some documents or show some
documents to the judge, then court fees are charged.
As you must have seen in the films, the lawyers arguing
with each other that judge, this is the evidence.
Take this evidence.
If you have to deposit some evidence, then court fees are
charged.
So, will GST be charged on that?
Sir, it is written here that if a court is providing you
services, then no GST will be charged on it.
It will not be considered as a supply.
It will not be considered as a supply of goods or a supply
of services.
So, no GST will be applicable on it.
No GST will be applicable on it.
Is the point clear?
Functions performed by
Member of Parliament,
Member of State Legislature,
Member of Panchayat,
Member of Municipality,
Member of Local Authorities, they are also serving the
people.
They are MPs, MLAs, like Amit Shah.
They are MPs.
So, they are serving the country.
Now, if a person asks them, that you are serving the
country, they will use the word, that you are serving the
country.
The welfare you are doing in the country,
the schemes you are doing in the welfare of the people, the
services you are providing,
should GST be charged on these services?
No, sir.
GST will not be charged on them.
Because this MP, MLA,
Member of the Panchayat,
Member of the State Legislature, it is their duty, it is
their responsibility that they are in a responsible
position.
It is their duty to do social work, to serve the people.
It is their moral responsibility along with their social
responsibility.
Along with social, the post they are sitting in, it is also
their responsibility.
It is their duty.
It is their ethical duty.
So, on their duty, they do not need to charge GST.
Our Amit Shah sir does not give any invoice that I am an MP
and I am serving the country.
So, I have served the country for one lakh rupees and this
GST of eighteen thousand is nothing like that.
The functions they are performing, no GST provision is
applicable on them.
Come here.
These are very good points, there is nothing like that
which is not understood.
Fourth point, services of funeral, services of burial,
crematorium, mortuary services are there, transportation of
the deceased services are there, no GST is applicable on
that also.
That also has been excluded from the definition of supply.
What I mean to say is, when a person gets a ticket, forgets
his time, forgets the person's time,
that person has taken his last breath, the services that
are there at that time, the people who come to work at that
time,
Sir, look, only in bad times do we know who we are.
One day this world will leave everyone and go.
We are just the tenants of this earth.
One day we will leave this earth and go.
Till then, do something so that people remember us for
years.
It is not necessary to live for 100 years to be alive.
Live till the age of 100. Even if you do something in a
day, people will remember you for a hundred years.
A person dies one day. All these fights and quarrels end at
the same time.
At the same time, you find out who is your own and who is a
stranger.
It is a very bad time. There is a lot of fire in the family
at that time.
At that time, the services that people are providing, like
the services of transportation, the services of taking a
dead person from the hospital to the cremation ground,
the services of the things that will be burnt, should GST
be imposed on those services?
This is wrong, isn't it?
A person is already troubled.
What is the use of taking more GST at that time?
At that time, you will not impose any GST charge on that
thing.
You don't have to.
You will see, this is a very serious matter.
A person is called by his name till he is alive.
Till I am alive, I am C.S. Shreyagupta.
If you are alive, I am Akash.
If you are alive, I am Neha.
If you are alive, I am Shubham.
But, the day you are no more, have you ever seen what that
person is called?
They say, the body has come.
The body is put in the ambulance.
The body is being taken to the cremation ground.
The name, the identity of this name is only till the time
you are breathing.
After that, the name is removed, only the body remains.
The body is being taken to the cremation ground.
The body has reached there.
The body has been cremated.
The body has been buried.
Only such things remain.
So, till the time you are alive, do some work.
And, we should not impose any GST charge on these things.
A person is bringing a shrouded cloth.
You are imposing GST charge on that shrouded cloth.
What is the use of that?
The situation has become so serious.
Let me tell you a joke.
There was a person.
He was a truck driver.
Earlier, he used to work somewhere.
Later, he got fed up of his job.
He started driving a bus in a school.
He said, I will drive a bus in a school.
The children in the school, in the morning, from the
school, from their homes,
I will take them to the school.
I will pick them up from their homes.
I will drop them at school.
And, in the afternoon,
I will take them to my home.
So, one day, he was driving a bus.
He was sitting in the driver's seat.
He was driving a bus.
The bus was moving.
And, as the bus was moving, a child from behind, hit him
with his hand.
He said, Uncle, do you have a toffee?
The person who was driving the bus, got scared.
He started sweating.
He hit the bus somewhere.
The child asked him,
Uncle, I just asked you, do you have a pulse toffee?
I just asked you, why is the melody so chocolatey?
Why did you have to hit the bus?
He said,
Son, it's okay.
Actually, the place where I used to work, for the past 30
years, my job was to take the dead bodies to the cremation
ground.
I was working there for 30 years.
When I used to drive, there used to be peace.
I had forgotten for a while that I was a school worker.
So, when someone hit me with his hand,
I felt as if a body had come back to life.
So, that is why I worked.
He said, okay, let's go.
So, this is the thing.
As long as you are alive, there is a game.
Who knows what is there after death?
What is there before death?
What is there after death?
What is not there?
So, as long as you are alive, keep doing good deeds, keep
working hard, keep doing new things, and keep moving
forward in life.
Life is not that big that you will carry negative people
with you.
Don't carry baggage with you.
You will move forward in life as light as you are.
If you carry baggage with you, you will not be able to move
forward in life.
Let's move ahead.
Sale of land and subject to para 5b of schedule 2, sale of
building.
Sir, what was he saying?
This point had come in schedule 2 earlier.
He was saying, in construction, if there was an under
construction building, and its certificate of completion
was not completed, or first occupancy of that building was
not done, and if you used to get consideration before that,
if a person booked a flat before that, booked a flat and
gave money, and the whole building was not yet built, then
in that case,
GST provisions used to be applied.
I had told you this in schedule 2.
But this is schedule number 3.
So what does schedule number 3 say?
Schedule number 3 says that if the building is ready, its
certificate of completion has come, first occupancy has
been done, after that if you buy that flat, then there no
GST provision is applied.
It is not applied.
If it is not considered as a supply, then how and from
where will GST provisions be applied?
Students get confused.
They think, when GST is applied on the building point?
When not?
Because half of the things are in schedule 2, and half of
the things are in schedule 3.
So this is the way to remember.
This is the way to remember.
It is simple.
For example, if a building is under construction, and
certificate of completion has not come yet, and before
that, you have been given money, then do one thing.
If you are getting more money, then apply GST on that
building.
But if a person works easily, he says, let the whole
building be ready.
As soon as the whole building is ready, after that, when
the certificate of completion will come, or when the first
occupancy will take place, then we will buy this building.
The person who works easily, on that, schedule 3 will be
applied, no GST provision will be applied on that.
This is the point.
Next.
Actionable claims other than lottery betting and gambling.
Sir, what are actionable claims?
Sir, actionable claims is a new word.
What does it mean? We don't know.
We are reading this word for the first time.
Yes, we know what is lottery betting and gambling.
But what is actionable claim?
We don't know.
Sir, actionable claim means...
Understand this.
Actionable claim.
Break this word.
Claim.
Claim means claim.
You are claiming on a person.
Actionable means you can take any action in the court
against him.
So actionable claim means a claim from where you should get
money.
It is your ethical right.
It is your right that you should get money.
You have a claim on that thing.
And that claim you can exercise in the court.
If that person doesn't agree, he can go to the court for
his claim.
That is called actionable claim.
Any claim for which you can take action.
Actionable claim.
So that actionable claim does it come under GST?
Is it a supply?
Sir, it is not a supply.
Look at the example.
What are its examples?
Look.
Some of the other examples are right to recover insurance
money.
Some of the other examples are right to recover insurance
money.
Merchant Merchant Merchant Merchant Merchant I I I I I I I
I said, no.
He said, you didn't even send us a notice.
And even if it is default, we have given premiums even
after that.
We had to pay 50 premiums, we have paid 59 premiums.
One premium was left by mistake.
But there was no communication from your side.
You didn't tell us that your premium is pending.
Take the premium money from our insurance money and give
the rest of the money.
He is not agreeing to this.
Can a widow woman with her children exercise her insurance
claim?
Will that insurance claim be considered an actionable claim?
Does she have the right to take the insurance money?
Yes. She has paid all the premiums of the insurance, except
for one.
And the one she didn't pay, she didn't even give a notice
to him.
That it is default from your side.
It is default from your side.
It should have been such a premium, but you didn't give
that premium.
Will this be considered an actionable claim?
Answer is yes.
So is there any GST on this?
Answer is no.
Claim for arrear of rent.
Your rent is pending.
You had rented a shop to someone in good faith.
And that good faith turned into bad faith overnight.
That person said, I don't pay your rent, nor do I vacate
your shop.
You can do whatever you want.
In that case, as a landlord, do I have a legal right to go
to court and get my rent recovered and vacate my shop?
Do I have such a right?
Answer is yes.
Is there any GST on this?
Answer is no.
Let's move ahead.
These are the things.
These were all the things.
What are the things that have been kept out of the
definition of supply?
Let's see again.
Employer-employee.
In the relationship of employer-employee, if someone is
providing employee services to the employer, then that will
be out of the provision of GST.
He doesn't have to collect GST.
But if you were working on a principle to principle basis,
if a lawyer, doctor, CA, or a film star is working on a
principle to principle basis, then the liability of GST
will be incurred.
Next.
If there is a court fee, in that case, GST is not charged.
If you are providing services to an MP or MLA, then even
they cannot charge GST.
After that, funeral and burial services, no GST has to be
charged on them.
There is a sale of land.
You are selling a building.
But what is the point in this?
The building is being sold to you.
The building is being bought from you when the building is
ready.
You have got its completion certificate.
Or the first occupancy has been done, whichever is earlier.
After that, you are getting the money.
In that case, no GST has to be charged.
It will not be covered in the definition of supply.
Keep it out of the definition of supply.
And then we have studied the actionable claim.
A claim that I can exercise legally.
These are the things that have been kept out of the
definition of GST.
These are the things.
This was your schedule no. 3.
Schedule no. 1, which used to tell us that without
consideration, there are some things which can be
considered as supply.
Schedule no. 2, which used to tell us that which is the
supply of goods and which is the supply of services.
And schedule no. 3 tells us that these are the things which
cannot be considered as supply.
Do not consider them as supply.
Do not charge GST on them even by mistake.
These were the points.
Let's come to the last topic of this chapter.
Then we will finish it.
It is just a small topic of 2 minutes.
This topic tells us that, Mr. Gupta, you told us about the
condition of supply.
What was the condition?
If you remember, when is supply considered as supply?
You are providing some sale of goods, barter, exchange,
some services.
You are not doing it for free.
Some consideration is being charged.
Was it a sale of goods?
Plus, it was for consideration, for money and in the course
of business.
So, what was considered as supply?
It was considered as supply.
He said, let me tell you 2 more conditions.
Check those 2 conditions also.
What are those 2 conditions?
The first condition is that a taxable person should supply.
Sir, what is this new point?
Sir, there is no new point.
You will understand it by applying common sense.
You will understand.
All these services are being provided by a taxable person.
Who is a taxable person?
A taxable person is one who has either got his registration
done in GST.
This is the first point.
He has either got his registration done in GST or even
though he has not got his registration done in GST, but
still he has a liability.
There is a monetary limit.
If your turnover goes above this amount, then you have to
get your registration done in GST.
That turnover has exceeded that limit.
But this person is a scoundrel.
He still did not get his GST registration done.
There is a decent person who got his GST registration done.
There is a scoundrel who did not get his GST registration
done.
These two people,
this scoundrel should have got his GST registration done.
He had a liability.
He had a responsibility to get his GST registration done.
But he still did not get it done.
And he got it done.
So these two people are called taxable persons.
Now these taxable persons, if they do the sale of goods, do
it for money, do it for business, then this supply money
will go there.
See what it says, that supply to attract GST should be made
by a taxable person.
Who should do this supply?
A person who has either got his GST registration done or
who has not got it done, but still he had a responsibility.
He had a responsibility in GST and he should have got his
GST registration done.
Hence the supply between two non-taxable persons does not
constitute taxable supply.
If there are two people who do not have any responsibility,
don't they have a turnover?
I have a turnover of 100 rupees in a year.
I sell betel leaves, I have a turnover of 100 rupees in a
year.
And I am giving something to another person who is also a
non-taxable person.
I am also a non-taxable person, he is also a non-taxable
person.
Then will it be considered as taxable supply?
Will GST be imposed on him?
The answer is no.
When I do not have any responsibility of getting registered
in GST, when I do not get registered in GST, the government
says that you do not have any need to get registered in GST
because your turnover has not reached there yet.
Your turnover has not reached there yet.
If you have not registered in GST because according to your
act, your turnover has not reached there.
In that case, even if you are supplying something, you do
not have to charge any GST on that supply.
Is the point clear?
Shall I move ahead?
Come.
What does the next point say?
The next point says,
taxable supply.
He says, okay, he is a taxable person, but what you are
supplying should also be a taxable supply.
The goods you are selling should be those goods or the
services you are providing should be those services on
which GST is taxable.
Suppose you are a taxable person, suppose you are doing a
sale of goods, but you are doing a sale of goods on which
GST is not taxable.
For example, petroleum, alcohol, which has been excluded
from GST.
If you sell alcohol, or you run a petrol pump and sell
petrol, on that GST, do you have to collect it?
Is it your responsibility?
Will it be considered a supply?
In that case, it will neither be considered a supply, nor
do you have to receive GST on it.
See, it is written that, for a supply to attract GST,
supply must be a taxable supply.
See, what is he saying?
It should be a taxable supply.
Taxable supply means a supply on which GST, on which GST
provisions are applied.
So, taxable supply has been defined and means supply of
goods, or both, which is leviable to tax under GST.
On which GST should be taxed.
That supply. Taxable supply.
So, this was our topic of supply.
In the topic of supply, we saw that first of all, what was
the need to study it?
The need was to see that GST, whatever I am selling or
providing services, will GST be applied on it or not?
For that, what I have to see is, is that thing being
covered in the definition of my supply?
With the definition of supply, we studied Schedule No. 1.
After that, we came to Schedule No. 2, which told us that,
yes, the supply has been identified.
Supply is there, but is it the supply of goods or the
supply of services?
Will the GST of goods be applied on it or will the GST of
services be applied on it?
Then we came to Schedule No. 3.
Schedule No.
3 said that, these things, although they satisfy the
criteria, but they will still be kept out of the definition
of GST.
They will be kept out of the definition of supply.
No GST will be applied on them.
Then we studied two more conditions that, if a taxable
person gives all these things, and the supply is a taxable
supply, then only GST will be applied on us.
This is what we studied in the entire chapter.
This was the essence of it, friends.
How did you like it? Did you enjoy it?
Although, friends, this was a very long chapter.
But we revised it so many times during our studies that we
did not face any problem.
This is the game of the mind.
You have to make the mind go crazy.
You have to do fraud with the mind.
The mind will tell you that this cannot work.
It's very difficult to work.
You cannot run four kilometers at once.
One person says that you cannot run four kilometers at once.
And the other says you cannot run four kilometers at once.
How much difference is there between the two?
One says that you cannot run at once.
Okay, it's accepted.
But the other says you cannot run at all.
This is not true.
I have to run 4km, I can run 100km. I will run 100km, then
rest for 2mins, then rest for 2mins, then 100km again.
I won't run at once but I will run. The chapter is
difficult, it can't be done. It can't be done.
What is this? It's a big chapter, break it. Break it and do
it. Whatever work we did.
And before moving ahead, we revised the previous things. So
that by the end, our topic gets contested.
With this, our lecture has become a bit long.
Okay, no problem. I take your leave friends. There is a
small point, we will cover it later.
Till then, thank you. Thank you very much friends. Bye.