On completion of this lesson, you will be able to understand:
· Power to grant exemption
· Section 7(2) - Negative List
· Schedule III – Supplies not goods or services
· Exempted Goods
· Exempted Services
Please go through the Third Video of the Chapter 4.
As per Sec. 7(2) certain activities shall be treated neither as a supply of goods nor a supply of services. The list of such goods and services are available from
a) The activities or transactions specified in Schedule III; or
b) The activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council.
The following are the activities listed out in Schedule III which shall be treated as neither as supply of goods nor a supply of services. These activities shall be always outside the purview of GST.
Services by an employee to the employer in the course or in relation to his employment.
Services by any court or Tribunal established under any law for the time being in force.
The functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities.
The duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity
The duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or a local authority and who is not deemed as an employee before the commencement of this clause.
Services of funeral, burial, crematorium or mortuary including transportation of the deceased.
Sale of land, subject to clause (b) of paragraph 5 of Schedule II, sale of building.
Actionable claims, other than lottery, betting and gambling.
Services by way of any activity in relation to a function entrusted to Panchayat under Article 243G of the constitution i.e. if Panchayat raj provides services relating to Agriculture extension, Land improvement, Minor irrigation, Animal husbandry etc., the same shall not be treated as a supply.
Exemptions from GST
The Government may on the recommendation of the GST Council, if it considers necessary in the public interest, exempt certain supply of goods or services or both from the ambit of GST.
The Central Government can issue a notification or special order. The notification or special order shall be applicable from the date which is mentioned in such notification or special order.
Notification No. 2/2017 Central Tax (Rate) dated 28.06.2017 and Notification No. 2/2017 Integrated Tax (Rate) dated 28.06.2017.
Some of the goods exempted are listed hereunder:
a) Vegetables (Potatoes, Tomatoes, Onions etc.)
b) Fruits (Banana, Grapes, Apples, Oranges etc.)
c) Fresh Milk and Milk Products
d) Food grains (other than those put up in unit container and bearing a registered brand name).
e) Fish / Meat (including Live Fish)
g) Human blood and its components
h) Indian National Flag
i) Printed Books, Newspapers, Journals and Periodicals
j) Handmade Musical instruments.
· The Central Government has exempted all goods imported by a unit or a developer in the SEZ for authorized operations.
1. Services by Government or a local authority excluding the following services:
1. Services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Government;
2. Services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;
3. Transport of goods or passengers; or
4. Any service, other than services covered under clauses (i) to (iii) above, provided to business entities.
2. Services by the Reserve Bank of India
3. Services by a foreign diplomatic mission located in India
4. Services relating to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce by way of:
1. Agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or testing or
2. Supply of farm labour;
3. Processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter the essential characteristics of agricultural produce but make it only marketable for the primary market;
4. Renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;
5. Loading, unloading, packing, storage or warehousing of agricultural produce;
6. Agricultural extension services;
7. Services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce.
5. Service by way of access to a road or a bridge on payment of toll charges
6. Transmission or distribution of electricity by an electricity transmission or distribution utility
7. Services by way of renting of residential dwelling for use as residence
8. Services by way of:
1. Extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount (other than interest involved in credit card services);
2. Inter se sale or purchase of foreign currency amongst banks or authorised dealers of foreign exchange or amongst banks and such dealers;
9. Services by way of transportation of goods
1. By road except the services of:
1. A goods transportation agency;
2. A courier agency;
2. By inland waterways;
10. Services provided to the United Nations or a specified international organization.
11. Services provided by operators of the Common Bio-medical Waste Treatment Facility to a clinical establishment by way of treatment or disposal of bio-medical waste or the processes incidental thereto;
12. Services by a veterinary clinic in relation to health care of animals or birds;
13. Services by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) by way of charitable activities;
14. Services by a specified organisation in respect of a religious pilgrimage facilitated by the Ministry of External Affairs of the Government of India, under bilateral arrangement;
15. Services provided by:
1. An arbitral tribunal to
1. Any person other than a business entity; or
2. A business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year;
2. A partnership firm of advocates or an individual as an advocate other than a senior advocate, by way of legal services to-
1. An advocate or partnership firm of advocates providing legal services;
2. Any person other than a business entity; or
3. A business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year; or
3. A senior advocate by way of legal services to
1. Any person other than a business entity; or
2. A business entity up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year;
16. Services provided,
1. By an educational institution to its students, faculty and staff;
2. To an educational institution, by way of,
1. Transportation of students, faculty and staff;
2. Catering, including any mid-day meals scheme sponsored by the Government;
3. Security or cleaning or house-keeping services performed in such educational institution;
4. Services relating to admission to, or conduct of examination by, such institution; upto higher secondary.
17. Services provided by the Indian Institutes of Management, as per the guidelines of the Central Government, to their students, by way of the following educational programmes, except Executive Development Programme, –
1. Two year full time residential Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT), conducted by Indian Institute of Management;
2. Fellow programme in Management;
3. Five year integrated programme in Management.
18. Services provided to a recognized sports body by-
1. An individual as a player, referee, umpire, coach or team manager for participation in a sporting event organized by a recognized sports body;
2. Another recognised sports body;
19. Services by an artist by way of a performance in folk or classical art forms of (i) music, or (ii)dance, or (iii)theatre, if the consideration charged for such performance is not more than one lakh and fifty thousand rupees: Provided that the exemption shall not apply to service provided by such artist as a brand ambassador;
20. Services by way of collecting or providing news by an independent journalist, Press Trust of India or United News of India;
way of giving on hire –
To a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or
2. To a goods transport agency, a means of transportation of goods;
21. Services by way of giving on hire –
1. To a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or
2. To a goods transport agency, a means of transportation of goods;
22. Transport of passengers, with or without accompanied belongings, by –
1. Air, embarking from or terminating in an airport located in the state of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at Bagdogra located in West Bengal;
2. Non-airconditioned contract carriage other than radio taxi, for transportation of passengers, excluding tourism, conducted tour, charter or hire; or
3. Stage carriage other than air-conditioned stage carriage
23. Services of life insurance business provided by way of annuity under the National Pension System regulated by Pension Fund Regulatory and Development Authority of India (PFRDA) under the Pension Fund Regulatory And Development Authority Act, 2013 (23 of 2013)
24. Services of life insurance business provided or agreed to be provided by the Army, Naval and Air Force Group Insurance Funds to members of the Army, Navy and Air Force, respectively, under the Group Insurance Schemes of the Central Government
25. Services provided by an incubatee up to a total turnover of fifty lakh rupees in a financial year subject to the following conditions, namely:-
1. The total turnover had not exceeded fifty lakh rupees during the preceding financial year; and
2. A period of three years has not been elapsed from the date of entering into an agreement as an incubatee;
26. Service by an unincorporated body or a non- profit entity registered under any law for the time being in force, to its own members by way of reimbursement of charges or share of contribution –
1. As a trade union;
2. For the provision of carrying out any activity which is exempt from the levy of GST; or
3. Up to an amount of five thousand rupees per month per member for sourcing of goods or services from a third person for the common use of its members in a housing society or a residential complex;
27. Services by an organiser to any person in respect of a business exhibition held outside India;
28. Services by way of slaughtering of animals;
29. Services received from a provider of service located in a non- taxable territory by –
1. Government, a local authority, a governmental authority or an individual in relation to any purpose other than commerce, industry or any other business or profession;
2. An entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) for the purposes of providing charitable activities; or
located in a non-taxable territory;
Provided that the exemption shall not apply to – (i) online information and database access or retrieval services received by persons or services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India;
30. Services of public libraries by way of lending of books, publications or any other knowledge-enhancing content or material;
31. Services by Employees’ State Insurance Corporation to persons governed under the Employees’ Insurance Act, 1948 (34 of 1948);
32. Services by way of transfer of a going concern, as a whole or an independent part thereof;
33. Services by way of public conveniences such as provision of facilities of bathroom, washrooms, lavatories, urinal or toilets;
34. Services by government, local authority or governmental authority by way of any activity in relation to any function entrusted to a municipality under Article 243 W of the Constitution.
35. Services received by the Reserve Bank of India, from outside India in relation to management of foreign exchange reserves;
36. Services provided by a tour operator to a foreign tourist in relation to a tour conducted wholly outside India.
37. Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labelling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables;
38. Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo;
39. Services provided by Government or a local authority to a business entity with a turnover up to rupees twenty lakh (ten lakh rupees in a special category state) in the preceding financial year.
40. Services provided by Employees Provident Fund Organisation (EPFO) to persons governed under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);
41. Services provided by Insurance Regulatory and Development Authority of India (IRDA) to insurers under the Insurance Regulatory and Development Authority of India Act, 1999 (41 of 1999);
42. Services provided by Securities and Exchange Board of India (SEBI) set up under the Securities and Exchange Board of India Act, 1992 (15 of 1992) by way of protecting the interests of investors in securities and to promote the development of, and to regulate, the securities market;
43. Services provided by National Centre for Cold Chain Development under Ministry of Agriculture, Cooperation and Farmer’s Welfare by way of cold chain knowledge dissemination;
44. Services by way of transportation of goods by an aircraft from a place outside India upto the customs station of clearance in India.
45. Services provided by Government or a local authority to another Government or local authority:
46. Services provided by Government or a local authority by way of issuance of passport, visa, driving licence, birth certificate or death certificate.
47. Services provided by Government or a local authority by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages is payable to the Government or the local authority under such contract;
48. Services provided by Government or a local authority by way of-
1. Registration required under any law for the time being in force;
2. Testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, including fire license, required under any law for the time being in force;
49. Services provided by Government or a local authority by way of assignment of right to use natural resources to an individual farmer for cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products;
50. Services by Government, a local authority or a governmental authority by way of any activity in relation to any function entrusted to a Panchayat;
51. Services provided by Government or a local authority by way of assignment of right to use any natural resource where such right to use was assigned by the Government or the local authority before the 1st April, 2016: Provided that the exemption shall apply only to service tax payable on one time charge payable, in full upfront or in installments, for assignment of right to use such natural resource;
52. Services provided by Government or a local authority by way of allowing a business entity to operate as a telecom service provider or use radio frequency spectrum during the period prior to 1st April, 2016, on payment of licence fee or spectrum user charges, as the case may be;
53. Services provided by Government by way of deputing officers after office hours or on holidays for inspection or container stuffing or such other duties in relation to import export cargo on payment of Merchant Overtime charges (MOT).
54. Services by an acquiring bank, to any person in relation to settlement of an amount upto two thousand rupees in a single transaction transacted through credit card, debit card, charge card or other payment card service.
55. Services of leasing of assets (rolling stock assets including wagons, coaches, locos) by Indian Railways Finance Corporation to Indian Railways
56. Services provided by any person for official use of a foreign diplomatic mission or consular post in India or for personal use or for the use of the family members of diplomatic agents or career consular officers posed therein. This exemption is available on reciprocal basis based on a certificate issued by MEA;
57. Taxable services, provided or to be provided, by a Technology Business Incubator (TBI) or a Science and Technology Entrepreneurship Park (STEP) recognized by the National Science and Technology Entrepreneurship Development Board (NSTEDB) of the Department of Science and Technology, Government of India or bio-incubators recognized by the Biotechnology Industry Research Assistance Council, under Department of Biotechnology, Government of India;
58. Taxable service provided by State Government Industrial Development Corporations/ Undertakings to industrial units by way of granting long term (thirty years, or more) lease of industrial plots from so much of tax leviable thereon, as is leviable on the one time upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable for such lease.
59. Services provided to the government by way of transport of passengers with or without accompanied belongings, by air, embarking from or terminating at a regional connectivity scheme airport, against consideration in the form of viability gap funding (VGF). Provided that nothing contained in this entry shall apply on or after the expiry of a period of 1 year from the date of commencement of operations of the regional connectivity scheme airport as notified by the Ministry of Civil Aviation
60. Services provided by cord blood banks by way of preservation of stem cells or any other service in relation to such preservation;
61. Services by way of training or coaching in recreational activities relating to,
1. Arts or culture. or
2. Sports by charitable entities registered under section 12AA of Income tax Act, 1961;
62. Any services provided by:
1. The National Skill Development Corporation set up by the Government of India;
2. A Sector Skill Council approved by the National Skill Development Corporation;
3. An assessment agency approved by the Sector Skill Council or the National Skill Development Corporation;
4. A training partner approved by the National Skill Development Corporation or the Sector Skill Service Tax Exemptions to be continued in GST as decided by GST Council in relation to
1. The National Skill Development Programme implemented by the National Skill Development Corporation; or
2. A vocational skill development course under the National Skill Certification and Monetary Reward Scheme; or
3. Any other Scheme implemented by the National Skill Development Corporation.
63. Services of assessing bodies empanelled centrally by Directorate General of Training, Ministry of Skill Development and Entrepreneurship by way of assessments under Skill Development Initiative (SDI) Scheme;
64. Services provided by training providers (Project implementation agencies) under Deen Dayal Upadhyaya Grameen Kaushalya Yojana under the Ministry of Rural Development by way of offering skill or vocational training courses certified by National Council For Vocational Training.
65. Services by way of sponsorship of sporting events organised:
1. By a national sports federation, or its affiliated federations, where the participating teams or individuals represent any district, State, zone or Country;
2. By Association of Indian Universities, Inter-University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Bharat;
3. By Central Civil Services Cultural and Sports Board;
4. As part of national games, by Indian Olympic Association; or
5. Under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
66. Services provided by way of pure labour contracts of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of a civil structure or any other original works pertaining to the Beneficiary-led individual house construction / enhancement under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana (PMAY);
67. Services by way of pure labour contracts of construction, erection, commissioning, or installation of original works pertaining to a single residential unit otherwise than as a part of a residential complex;
68. Services of general insurance business provided under following schemes:
1. Hut Insurance Scheme;
2. Cattle Insurance under Swarnajaynti Gram Swarozgar Yojna (earlier known as Integrated Rural Development Programme);
3. Scheme for Insurance of Tribals;
4. Janata Personal Accident Policy and Gramin Accident Policy;
5. Group Personal Accident Policy for Self-Employed Women;
6. Agricultural Pumpset and Failed Well Insurance;
7. Premia collected on export credit insurance;
8. Weather Based Crop Insurance Scheme or the Modified National Agricultural Insurance Scheme, approved by the Government of India and implemented by the Ministry of Agriculture;
9. Jan Arogya Bima Policy;
10. National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana);
11. Pilot Scheme on Seed Crop Insurance;
12. Central Sector Scheme on Cattle Insurance;
13. Universal Health Insurance Scheme;
14. Rashtriya Swasthya Bima Yojana; or
15. Coconut Palm Insurance Scheme;
16. Pradhan Mantri Suraksha BimaYojna;
17. Niramaya Health Insurance Scheme implemented by Trust constituted under the provisions of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); or
18. Any other insurance scheme of the State Government as may be notified by Government of India on the recommendation of GSTC.
69. Services of life insurance business provided under following schemes:
1. Janashree Bima Yojana (JBY); or
2. Aam Aadmi Bima Yojana (AABY);
3. Life micro-insurance product as approved by the Insurance Regulatory and Development Authority, having maximum amount of cover of fifty thousand rupees;
4. Varishtha Pension BimaYojana;
5. Pradhan Mantri Jeevan JyotiBimaYojana;
6. Pradhan Mantri Jan DhanYogana;
7. Pradhan Mantri Vaya Vandan Yojana; and
8. Any other insurance scheme of the State Government as may be notified by Government of India on the recommendation of GSTC.
70. Services by way of collection of contribution under Atal Pension Yojana (APY).
71. Services by way of collection of contribution under any pension scheme of the State Governments.
72. Service of transportation of passengers, with or without accompanied belongings, by:
1. Railways in a class other than:
1. First class; or
2. An air-conditioned coach;
2. Metro, monorail or tramway;
3. Inland waterways;
4. Public transport, other than predominantly for tourism purpose, in a vessel between places located in India; and
5. Metered cabs or auto rickshaws (including E-rickshaws);
73. Services by a person by way of:
1. Conduct of any religious ceremony;
2. Renting of precincts of a religious place meant for general public, owned or managed by an entity registered as a charitable or religious trust under section 12AA of the Income-tax Act, 1961
3. Provided that nothing contained in this exemption shall apply to:
1. Renting of rooms where charges are Rs 1000/- or more per day;
2. Renting of premises, community halls, kalyanmandapam or open area, etc where charges are Rs 10,000/- or more per day;
3. Renting of shops or other spaces for business or commerce where charges are Rs 10,000/-or more per month.
74. Services by a hotel, inn, guest house, club or campsite, by whatever name called, for residential or lodging purposes, having declared tariff of a unit of accommodation less than one thousand rupees per day or equivalent;
75. Services by way of transportation by rail or a vessel from one place in India to another of the following goods:
1. Relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap;
2. Defence or military equipments;
3. Newspaper or magazines registered with the Registrar of Newspapers;
4. Railway equipments or materials;
5. Agricultural produce;
6. Milk, salt and food grain including flours, pulses and rice; and
7. Organic manure
76. Services provided by a goods transport agency, by way of transport in a goods carriage of:
1. Agricultural produce;
2. Goods, where gross amount charged for the transportation of goods on a consignment transported in a single carriage does not exceed one thousand five hundred rupees;
3. Goods, where gross amount charged for transportation of all such goods for a single consignee does not exceed rupees seven hundred fifty;
4. Milk, salt and food grain including flour, pulses and rice;
5. organic manure;
6. Newspaper or magazines registered with the Registrar of Newspapers;
7. Relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or
8. Defence or military equipment’s;
77. Services by the following persons in respective capacities –
1. Business facilitator or a business correspondent to a banking company with respect to accounts in its rural area branch;
2. Any person as an intermediary to a business facilitator or a business correspondent;
3. Business facilitator or a business correspondent to an insurance company in a rural area;
78. Carrying out an intermediate production process as job work in relation to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce;
79. Services by way of loading, unloading, packing, storage or warehousing of rice;
80. Services by way of right to admission to the following and where the consideration for admission is not more than Rs 250 per person
1. Circus, dance, or theatrical performance including drama or ballet;
2. Award function, concert, pageant, musical performance or any sporting event other than a recognized sporting event;
3. Recognised sporting event;
81. Services provided by Government or a local authority where the gross amount charged for such services does not exceed Rs.5000.
82. Health care services by a clinical establishment, an authorised medical practitioner or para-medics; Services provided by way of transportation of a patient in an ambulance;
83. Services provided by the Goods and Services Tax Network (GSTN) to the Central Government or State Governments/Union Territories for implementation of Goods and Services Tax (GST)
So the Government may on the recommendations of the GST Council, if it considers necessary in the public interest, exempt certain supply of goods or services or both from the ambit of GST.