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Microlesson · 5-min read

Non-Supplies Clarified by Circular (Conveyances, Goods on Wheels, Vouchers)

# Non-Supplies Clarified by Way of Circular

CBIC has clarified that certain activities are non-supplies through circulars:

## 1. Inter-State Movement of Conveyances [Circular No. 1/1/2017-IGST dt. 07.07.2017]

Inter-State movement between distinct persons of:

  • Trains, Trucks, Buses, Tankers, Trailers, Vessels, Containers, Aircrafts

when used:

  • (a) for carrying goods/passengers, OR
  • (b) for repairs and maintenance

EXCEPT when the movement is for further supply of the same conveyance → such movement is neither supply of goods nor supply of services.

However: CGST/SGST/IGST IS leviable on the repairs and maintenance work done on such conveyances.

## 2. Inter-State Movement of Rigs, Tools, Spares, Goods on Wheels [Circular No. 21/21/2017-GST dt. 22.11.2017]

The above circular applies mutatis mutandis to inter-State movement of:

  • Rigs
  • Tools and spares
  • All goods on wheels (e.g., cranes)

Except where movement is for further supply – such movement is NOT a supply.

GST IS leviable on repairs/maintenance done on such goods.

## 3. Transactions in Vouchers

### (a) Vouchers Per Se

  • Pre-paid instruments (PPIs): Payment instruments that store value for purchase of goods/services → fall under definition of money → excluded from goods/services.
  • Not a PPI: A voucher that creates an obligation on the supplier to accept it as full/part consideration → treated as actionable claim → Sch III Para 6 → NOT a supply.

Transactions in vouchers themselves are NOT a supply. The supply of underlying goods/services for which the voucher is redeemed MAY be taxable under GST.

### (b) Distribution of Vouchers

  • Principal-to-Principal (P2P): Distributors/sub-distributors/dealers (DSDs) buy vouchers at a discount and sell at a higher price → it is trading of vouchers → NOT subject to GST (since vouchers are not goods/services).
  • Principal-Agent basis: Distributors/agents (DSAs) act as agents for the voucher issuer, earning commission for services (marketing, etc.) → commission/fees ARE taxable as supply of services to the voucher issuer.

### (c) Additional Services to Voucher Issuer

Services like advertisement, customization, co-branding, technology support, customer support → taxable at the applicable rate for the service.

### (d) Unredeemed Vouchers (Breakage)

Vouchers unused at expiry → NOT a supply of goods/services. Amount attributable to breakage is NOT subject to GST.

Worked example

### Example 1

Example 1 (Conveyance): Airline A flies an aircraft from Mumbai to Delhi (distinct persons) for carrying passengers. → Not a supply. But if Airline A sends the aircraft for engine overhaul to a Delhi MRO, the MRO's repair service IS taxable.

### Example 2

Example 2 (Crane movement): ABC Construction moves its 100-tonne crane from its Gujarat site to its Rajasthan site for use in a project. → Not a supply (movement of goods on wheels between distinct persons).

### Example 3

Example 3 (Voucher P2P): Distributor D buys ₹100 face-value Amazon gift vouchers at ₹95 from Amazon and sells at ₹98 to retailers. → Trading of vouchers, NOT taxable. The ₹3 margin is not consideration for any service.

### Example 4

Example 4 (Voucher Agent): D acts as agent for Amazon, earning 5% commission for distributing vouchers. → 5% commission IS taxable as supply of services.

### Example 5

Example 5 (Breakage): Out of ₹10 lakh vouchers issued, ₹50,000 worth expired unredeemed. → ₹50,000 breakage is NOT subject to GST.

⚠️ Common exam mistakes

  • Treating movement of a conveyance for FURTHER SUPPLY (e.g., sale) as a non-supply – such movement IS a supply.
  • Charging GST on the sale of vouchers themselves – the sale is not a supply; only the underlying goods/services on redemption may be taxable.
  • Confusing P2P voucher trading (non-taxable) with agency distribution (commission IS taxable).
  • Charging GST on breakage/unredeemed voucher value.
Reference: — Circular No. 1/1/2017-IGST dt. 07.07.2017; Circular No. 21/21/2017-GST dt. 22.11.2017
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