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Microlesson · 5-min read

Schedule-I: Activities treated as Supply even without Consideration

# Schedule-I: Supply without Consideration

Under GST, supply normally requires consideration. Schedule-I lists four exceptions — activities deemed to be supply even when no consideration flows.

## The Four Schedule-I Entries

### (1) Permanent Transfer or Disposal of Business Assets

Treated as supply only if ITC was availed on such assets.

  • If ITC was taken → permanent transfer/disposal = supply (even free).
  • If ITC was not taken → not a supply.

### (2) Supply between Related or Distinct Persons

Deemed supply if both conditions hold:

  • Supply is between related persons or distinct persons, AND
  • Made in the course or furtherance of business (of the supplier).

### (3) Principal–Agent (Goods only)

Deemed supply where goods are supplied by principal to agent (or vice versa) and the invoice is issued in the name of the agent.

  • Invoice in agent's name → falls under Schedule-I.
  • Invoice in principal's name → does NOT fall under Schedule-I.
  • Applies only to goods, not services.

### (4) Importation of Services from Related Person

Deemed supply if both:

  • Service received from a related person or other establishment outside India, AND
  • Received in the course or furtherance of business of the recipient.

## Import of Service – Decision Tree

SituationSupply?
Import with consideration, for business or non-businessAlways Supply
Import without consideration, from related person, for businessSupply
Import without consideration, otherwiseNot Supply

## Sales Promotion Schemes

SchemeTreatment
Free Sample / GiftNo consideration → no supply, unless covered under Schedule-I (ITC availed)
Buy One Get OneTwo supplies for a single price → entire transaction is supply

Worked example

### Example 1

Q. ABC Ltd. purchased an AC for office and availed ITC. Later transferred it free of cost to its subsidiary. Is it a supply?

A. Yes. Permanent transfer of business asset on which ITC was availed → Schedule-I Para (1). Supply even without consideration.

### Example 2

Q. Mr. Gaurav (electronics dealer) gifts a motor car free of cost to a customer. No ITC was taken on the car. Is it a supply?

A. Not a supply. No consideration, and ITC not availed → Schedule-I Para (1) not attracted.

### Example 3

Q. Mr. Hari distributes free samples to prospective customers. Supply?

A. Not a supply if no ITC taken. If ITC was availed on the samples, then it becomes supply under Schedule-I Para (1).

### Example 4

Q. A Ltd. transfers stock from its Mumbai manufacturing unit to its Gujarat retail outlet (both registered). Supply?

A. Yes — supply between distinct persons in the course of business → Schedule-I Para (2). Supply even without consideration.

### Example 5

Q. Mr. Ram, an architect, provides architectural services to his wife. Supply?

A. Yes — spouse is always a related person; service is from his profession (course of business) → Schedule-I Para (2).

### Example 6

Q. Mr. Shyam (event manager) provides event services to his brother for a family function. Supply?

A. Supply only if the brother is dependent on Shyam (siblings are related persons only if dependent).

### Example 7

Q. Mr. Hari obtained architectural services from his son in London — (a) for his new home, (b) for his real-estate business project. No consideration paid. Taxability?

A. (a) Service for home → not for business → not a supply. (b) Service for real-estate project → from related person, for business → supply under Schedule-I Para (4).

⚠️ Common exam mistakes

  • Treating every free transfer as supply — forgetting that for Schedule-I Para (1), ITC must have been availed on the asset.
  • Treating supplies between related persons as supply even when NOT in the course or furtherance of business of the supplier.
  • Treating Schedule-I Para (3) (Principal-Agent) as applicable to services — it covers only goods.
  • Treating all sibling/parent relationships as 'related person' — they qualify only if dependent on the person.
  • Treating import of service from a related person for personal (non-business) use as supply — business nexus is required.
  • Confusing 'Buy One Get One' with free gift — BOGO is two supplies for a price, fully taxable; not a gift.
Bare-Act text Schedule-I · CGST Act, 2017 · click to expand
Schedule-I, CGST Act, 2017 — Activities to be treated as supply even if made without consideration: 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. 2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business. Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both. 3. Supply of goods— (a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or (b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal. 4. Import of services by a person from a related person or from any of his other establishments outside India, in the course or furtherance of business.
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