Section 2(31) to 2(40) of the CGST Act, 2017: Definitions

Definitions under Section 2(31) to Section 2(40) of the CGST Act, 2017

Definitions of various important terms under Section 2(31) to Section 2(40) of the Central Goods and Services Tax (CGST) Act, 2017, as notified/ amended by Govt. of India/ CBIC upto 30 Aug. 2018, unless the context otherwise requires, are as under:

Definitions under Section 2(31) to 2(40) of the CGST Act, 2017
Section 2(31): “consideration” in relation to the supply of goods or services or both includes-
(a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government;
(b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government.
Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply.
Section 2(32): “continuous supply of goods” means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may, by notification, specify.
Section 2(33): “continuous supply of services” means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, as it may, by notification, specify.
Section 2(34): “conveyance” includes a vessel, an aircraft and a vehicle.
Section 2(35): “cost accountant” means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959. [As per Section 2(1)(b) of the Cost and Works Accountants Act, 1959, “Cost Accountant” means a person who is a member of the Institute.] (refer Note 1)
Section 2(36) GST Council: “Council” means the Goods and Services Tax Council established under article 279A of the Constitution.
Section 2(37): “credit note” means a document issued by a registered person under sub-section (1) of section 34.
Section 2(38): “debit note” means a document issued by a registered person under sub-section (3) of section 34.
Section 2(39): “deemed exports” means such supplies of goods as may be notified under section 147.
Section 2(40): “designated authority” means such authority as may be notified by the Board.

Note: (Amendments History)

1. Section 2(35): The text “clause (c)” substituted with the text “clause (b)” vide CGST (Amendment) Act, 2018.

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Govt. has notified the Central Goods and Services Tax (CGST) Act, 2017 on 12 April, 2017 followed with various CBIC Notifications on commencement date for various Sections/ Provisions thereof from time to time. Govt. has further notified the Central Goods and Services Tax (CGST) (Amendment) Act, 2018 on 30 Aug. 2018 followed with CBIC Notification on commencement date of various Sections/ Provisions thereof from 1 Feb. 2019 vide Notification No. 2/2019 Central Tax dt. 29 Jan. 2019 except for amendments where the date of commencement is different from 1 Feb. 2019 and has specifically been mentioned in the CGST Amendment Act, 2018 itself.

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