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Microlesson · 5-min read

Concept of Exempt Supply, Non-Taxable Supply and Power to Grant Exemption [Sec 2(47), Sec 2(78), Sec 11 / Sec 6 IGST]

# Exemptions — Conceptual Foundation

## Key Definitions

TermSectionMeaning
Exempt supply2(47)Supply of any goods/services/both that attracts nil rate of tax OR may be wholly exempt from tax, and includes non-taxable supply.
Non-taxable supply2(78)Supply of goods/services/both not leviable to tax under CGST or IGST Act.

Examples of non-taxable supply (outside GST levy): Alcoholic liquor for human consumption; Petroleum Crude; High Speed Diesel; Motor Spirit (Petrol); Natural Gas; Aviation Turbine Fuel.

## Power to grant exemption — Sec 11 of CGST Act / Sec 6 of IGST Act

The Government, on the recommendation of the Council and by notification, may exempt goods/services/both from tax. State GST laws contain mirror provisions for SGST.

## Four ways exemptions are framed

MannerStatus that becomes immaterialExample
(a) Specific activity/transactionSupplier & recipientTransfer of going concern; loading/unloading/packing/storage/warehousing of rice
(b) Specific supplierRecipient & transactionServices by CG/SG/UT/Local Authority where consideration ≤ ₹5,000; services by entity registered u/s 12AA/12AB by way of charitable activities
(c) Specific recipientSupplier & transactionInsurance scheme services to CG/SG/UT where total premium is paid by govt; training services to govt where ≥75% expenditure borne by govt
(d) Specific supplier AND recipientNPS Trust services to its members for administrative fee

## Types of exemption (compulsory vs optional)

1. Absolute / Unconditional — whole tax exempt → Registered person must not collect or pay tax.

2. Absolute / Unconditional — partial → cannot collect or pay tax beyond the effective rate.

3. Conditional exemption → registered person has option to avail or not.

## Retrospective clarificatory explanations

Govt may insert an explanation within 1 year of the notification/order for clarifying scope/applicability. Such an explanation has retrospective effect from the inception of the entry in the notification (not from the date the explanation was inserted).

Worked example

### Example 1

Petrol pump dealer — sale of petrol is non-taxable supply (outside GST levy), but also classifies as exempt supply for purposes of ITC reversal/credit chain.

### Example 2

Charitable trust 12AA-registered providing free meals at religious place — exemption is to a 'specific supplier' (b), recipient status irrelevant.

⚠️ Common exam mistakes

  • Treating non-taxable supply as something OUTSIDE the meaning of exempt supply — Sec 2(47) explicitly INCLUDES it.
  • Believing absolute exemption can be waived — it cannot; only conditional exemption is optional.
  • Assuming a clarificatory explanation operates only prospectively — it has retrospective effect from inception of the entry.
Reference: Section 2(47), Section 2(78), Section 11 CGST Act, Section 6 IGST Act — CGST Act, 2017 and IGST Act, 2017
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