Section 2(101) to 2(110) of the CGST Act, 2017: Definitions

Definitions of various important terms under Sections 2(101) to 2(110) of the CGST Act, 2017, as notified/ amended by Govt. of India/ CBIC upto 30 Sept. 2020, unless the context otherwise requires, are as under:

Section 2(101) > securities shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956.

Section 2(102) > services means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged.

Explanation: For the removal of doubts, it is hereby clarified that the expression “services” includes facilitating or arranging transactions in securities.

Section 2(103) > State includes a Union territory with Legislature.

Section 2(104) > State tax means the tax levied under any State Goods and Services Tax Act.

Section 2(105) > supplier in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied.

Section 2(106) > tax period means the period for which the return is required to be furnished.

Section 2(107) > taxable person means a person who is registered or liable to be registered under section 22 or section 24.

Section 2(108) > taxable supply means a supply of goods or services or both which is leviable to tax under this Act.

Section 2(109) > taxable territory means the territory to which the provisions of this Act apply.

Section 2(110) > telecommunication service means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means.

Amendments History:

1. CBEC notifies 22nd June 2017 as the Commencement date for Section 2 of the CGST Act 2017, vide Notification 1/2017 Central Tax.

2. Explanation inserted in Section 2(102) of the CGST Act 2017, vide Section 2(f) of the CGST (Amendment) Act, 2018: GOI Notification dt. 30 Aug. 2018, followed with CBIC Notification on commencement date of 1st Feb. 2019 vide Notification 2/2019 Central Tax dt. 29 Jan. 2019.

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Govt. has notified the CGST Act, 2017 on 12th April, 2017, which has subsequently been amended through the CGST (Extension to J&K) Act 2017, Finance Act 2018, CGST Amendment Act 2018, Finance (No. 2) Act 2019, Finance Act 2020, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance 2020. Further, CBEC/ CBIC has also issued various Notifications from time to time, relating to the commencement date of various Sections/ Provisions in the respective CGST/ Amendment Acts, wherever required.

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