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Microlesson · 5-min read

Goods and Services – Definitions

## What is 'Goods' and What is 'Service'?

GST applies to supply of goods or services or both. So the first classification question is: is the subject matter goods or services?

### Definition of Goods – Section 2(52)

'Goods' means every kind of movable property other than money and securities, but includes:

  • Actionable claim
  • Growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply

Excludes: Money and Securities.

### Definition of Services – Section 2(102)

'Services' means anything other than goods, money and securities, but includes:

  • Activities relating to use of money or its conversion by cash or by any other mode, from one form/currency/denomination to another (for which a separate consideration is charged)
  • Facilitating or arranging transactions in securities

### Side-by-Side Snapshot

FeatureGoodsServices
NatureMovable propertyAnything other than goods
InclusionsActionable claim, growing crops/grass severed before supplyUse of money (interest), currency conversion, securities facilitation
ExclusionsMoney, SecuritiesMoney, Securities (themselves)

### Why Money & Securities are Excluded

Money and securities are mediums of exchange / financial instruments — taxing their transfer would be like taxing money itself. So:

  • Issue of loan, deposit, bank guarantee, LC, CD, CP → mere transaction in money → NOT goods, NOT services.
  • Activities AROUND money/securities (brokerage, transfer fee, commission, issuance charges) → Services (facilitation).
  • Interest / discount → 'Use of money' → Services (but exempt under most situations).

### Meaning of Actionable Claim – Section 2(1)

A claim to:

  • Any unsecured debt, or
  • Any beneficial interest in movable property not in possession,

which a civil court would recognise as affording grounds for relief.

Examples: betting, gambling, lottery, insurance claim, unsecured book debts.

> ⚠️ Most actionable claims are in Schedule III (neither goods nor services) — except lottery, betting, gambling (which are goods and taxable).

### Meaning of Money – Section 2(75)

Indian or foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal/electronic remittance — recognised by RBI to settle obligations.

But excludes: Currency held for its numismatic value (i.e. as a collectible — that becomes 'goods').

### Treatment Table for Common Financial Items

ItemTreatment
Loan principal repaymentTransaction in money — neither goods nor services
Interest on loanUse of money — service (usually exempt)
Loan processing feeService (taxable)
Bank LC issuance chargesService (taxable)
Sale of share by investorSecurities — neither goods nor services
Brokerage on share saleFacilitation — service (taxable)
Buying-selling of foreign currencyConversion — service (taxable, special valuation rules)
Old coin of antique valueGoods (numismatic value)

### Role of Schedule II

In some cases, it is unclear whether a transaction is goods or services (e.g. works contract, restaurant). Schedule II specifies the classification.

### Role of Schedule III

Schedule III lists activities that are neither goods nor services, hence outside GST entirely.

Worked example

### Example 1

Example – Bank giving a loan with processing fee

A bank disburses a ₹10,00,000 loan to a borrower and charges:

  • Processing fee: ₹10,000 + GST
  • Interest: 10% p.a.

Analysis:

  • Loan principal (₹10 lakh) — transaction in money — not goods/services.
  • Processing fee — facilitation around the loan — service, taxable.
  • Interest — use of money — service, but exempt under notification.

### Example 2

Example – Numismatic Coin Sale

Mr. X sells a 1947 silver coin (legal tender, but held for collector value) to Mr. Y for ₹50,000.

Analysis: Since the coin is held for its numismatic (collector) value — it is goods, not money. GST applies as supply of goods.

### Example 3

Example – Sale of Shares vs Brokerage

Mr. P sells shares worth ₹5,00,000 through a broker; broker charges 0.5% brokerage.

Analysis:

  • Sale of shares (securities) — neither goods nor services — outside GST.
  • Brokerage of ₹2,500 — facilitation of transaction in securities — service, taxable.

### Example 4

Example – Growing Crop

Farmer agrees to sell standing sugarcane to a sugar mill; cane to be cut at the time of harvest by the mill.

Analysis: Growing crops attached to earth, agreed to be severed before supply — qualify as goods under Section 2(52). Supply of goods, taxable subject to exemption.

⚠️ Common exam mistakes

  • Treating money and securities as goods because they have value — they are specifically excluded from both definitions.
  • Treating all actionable claims as taxable — only betting/gambling/lottery are taxable; rest are in Schedule III.
  • Forgetting that interest is a 'service' (use of money) — even though exempt, it is conceptually a service.
  • Confusing 'currency' with 'numismatic coin' — the latter is goods.
  • Treating growing crops as immovable property by default — if agreed to be severed before supply, they become goods.
Bare-Act text Sections 2(52) and 2(102) · CGST Act, 2017 · click to expand
Section 2(52) CGST Act: 'Goods' means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply. 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.
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