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Microlesson · 5-min read

Schedule I Para 1 - Permanent Transfer or Disposal of Business Assets

# Schedule I, Para 1: Permanent Transfer/Disposal of Business Assets

## Statutory Provision

Under Section 7(1)(c), activities specified in Schedule I are deemed supply even without consideration.

Para 1 of Schedule I:

> Permanent transfer or disposal of business assets where input tax credit (ITC) has been availed on such assets.

## The Three Cumulative Conditions

All three must be satisfied:

1. Disposal/transfer of a BUSINESS ASSET

2. Transfer/disposal is PERMANENT

3. ITC was AVAILED on the asset

If any one is absent → Para 1 does NOT apply.

## What is NOT Deemed Supply under Para 1?

ScenarioResultReason
Business asset on which ITC is blocked (e.g., motor vehicle for personal use)NOT supplyNo ITC availed
Business asset eligible for ITC but ITC not availedNOT supplyITC not availed
Temporary transfer of business assetNOT supplyNot permanent
Personal asset of the proprietorNOT supplyNot a business asset

## Holding-Subsidiary Transfer

Transfer from holding to subsidiary for nil consideration also falls within Para 1 (if all three conditions are met).

## Why the ITC Condition?

Logic of revenue neutrality: If ITC was claimed when the asset was bought, allowing free permanent disposal without GST would mean the government loses tax. Para 1 plugs this. Conversely, if ITC was never availed, deeming a supply at disposal would double-tax.

## Examples

ScenarioPara 1 Applies?
Dhruv gives old business laptop (ITC availed) to friendYES
AC dealer freely transfers a motor vehicle to staffNO (ITC blocked)
Company donates printer (ITC availed) to NGO permanentlyYES
Factory lends crane to sister concern for 1 monthNO (not permanent)
Personal car of proprietor gifted to sonNO (not business asset)

Worked example

### Example 1

Example 1 – ITC availed: Trading company purchased 10 office chairs in 2024 for ₹50,000; claimed ITC of ₹9,000. In 2026, donates 4 chairs to a local school.

  • Business asset: YES; Permanent: YES; ITC availed: YES
  • Conclusion: Deemed supply; GST on open market value

### Example 2

Example 2 – ITC blocked: Manufacturer bought passenger car in 2024 (ITC blocked under Sec 17(5)). In 2026, gifts car to MD.

  • ITC not availed (blocked)
  • Conclusion: Para 1 does NOT apply → NOT supply

### Example 3

Example 3 – Stock transfer to subsidiary: Holding Co. (Mumbai) transfers machinery (ITC of ₹2 lakh availed) to Subsidiary Co. (Pune) without charging.

  • All three conditions met
  • Para 1 applies → Deemed supply at open market value

⚠️ Common exam mistakes

  • Treating any free transfer of asset as supply — Para 1 requires ITC to have been availed
  • Forgetting the 'permanent' condition — temporary loans are excluded
  • Confusing Para 1 (business assets disposal) with Para 2 (related-party transactions)
  • Treating personal assets as business assets
  • Not realising that blocked credit items escape Para 1 because no ITC was availed
Bare-Act text Schedule I, Para 1 read with Section 7(1)(c) · CGST Act, 2017 · click to expand
Schedule I, Paragraph 1: Permanent transfer or disposal of business assets where input tax credit has been availed on such assets.
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