2. Definitions.

In this Act, unless the context otherwise requires,––

(1) “actionable claim” shall have the same meaning as assigned to it in

section 3 of the Transfer of Property Act, 1882;

(2) “address of delivery” means the address of the recipient of goods or

services or both indicated on the tax invoice issued by a registered

person for delivery of such goods or services or both;

(3) “address on record” means the address of the recipient as available in

the records of the supplier;

(4) “adjudicating authority” means any authority, appointed or authorised

to pass any order or decision under this Act, but does not include

the 3[Central Board of Indirect Taxes and Customs], the Revisional

Authority, the Authority for Advance Ruling, the Appellate Authority

for Advance Ruling, 4[the Appellate Authority, the Appellate Tribunal

and the Authority referred to in sub-section (2) of section 171.]

(5) “agent” means a person, including a factor, broker, commission agent,

arhatia, del credere agent, an auctioneer or any other mercantile agent,

by whatever name called, who carries on the business of supply or

receipt of goods or services or both on behalf of another;

(6) “aggregate turnover” means the aggregate value of all taxable supplies

(excluding the value of inward supplies on which tax is payable by a

person on reverse charge basis), exempt supplies, exports of goods or

services or both and inter-State supplies of persons having the same

Permanent Account Number, to be computed on all India basis but

excludes central tax, State tax, Union territory tax, integrated tax and

cess;

(7) “agriculturist” means an individual or a Hindu Undivided Family

who undertakes cultivation of land—

(a) by own labour, or

(b) by the labour of family, or

(c) by servants on wages payable in cash or kind or by hired labour

under personal supervision or the personal supervision of any

member of the family;

(8) “Appellate Authority” means an authority appointed or authorised to

hear appeals as referred to in section 107;

(9) “Appellate Tribunal” means the Goods and Services Tax Appellate

Tribunal constituted under section 109;

(10) “appointed day” means the date on which the provisions of this Act

shall come into force;

(11) “assessment” means determination of tax liability under this Act

and includes self-assessment, re-assessment, provisional assessment,

summary assessment and best judgment assessment;

(12) “associated enterprises” shall have the same meaning as assigned to it

in section 92A of the Income-tax Act, 1961;

(13) “audit” means the examination of records, returns and other documents

maintained or furnished by the registered person under this Act or the

rules made thereunder or under any other law for the time being in

force to verify the correctness of turnover declared, taxes paid, refund

claimed and input tax credit availed, and to assess his compliance

with the provisions of this Act or the rules made thereunder;

(14) “authorised bank” shall mean a bank or a branch of a bank authorised

by the Government to collect the tax or any other amount payable

under this Act;

(15) “authorised representative” means the representative as referred to in

section 116;

(16) “Board” means the 5[Central Board of Indirect Taxes and Customs]

constituted under the Central Boards of Revenue Act, 1963;

(17) “business” includes––

(a) any trade, commerce, manufacture, profession, vocation,

adventure, wager or any other similar activity, whether or not it

is for a pecuniary benefit;

(b) any activity or transaction in connection with or incidental or

ancillary to sub-clause (a);

(c) any activity or transaction in the nature of sub-clause (a), whether

or not there is volume, frequency, continuity or regularity of

such transaction;

(d) supply or acquisition of goods including capital goods and

services in connection with commencement or closure of

business;

(e) provision by a club, association, society, or any such body (for

a subscription or any other consideration) of the facilities or

benefits to its members;

(f) admission, for a consideration, of persons to any premises;

(g) services supplied by a person as the holder of an office which

has been accepted by him in the course or furtherance of his

trade, profession or vocation;

(h) activities of a race club including by way of totalisator or a license to

book maker or activities of a licensed book maker in such club; and

(i) any activity or transaction undertaken by the Central

Government, a State Government or any local authority in

which they are engaged as public authorities;

(18) ***

(19) “capital goods” means goods, the value of which is capitalised in

the books of account of the person claiming the input tax credit and

which are used or intended to be used in the course or furtherance of

business;

(20) “casual taxable person” means a person who occasionally undertakes

transactions involving supply of goods or services or both in the course

or furtherance of business, whether as principal, agent or in any other

capacity, in a State or a Union territory where he has no fixed place of

business;

(21) “central tax” means the central goods and services tax levied under

section 9;

(22) “cess” shall have the same meaning as assigned to it in the Goods and

Services Tax (Compensation to States) Act;

(23) “chartered accountant” means a chartered accountant as defined in

clause (b) of sub-section (1) of section 2 of the Chartered Accountants

Act, 1949;

(24) “Commissioner” means the Commissioner of central tax and includes

the Principal Commissioner of central tax appointed under section

3 and the Commissioner of integrated tax appointed under the

Integrated Goods and Services Tax Act;

(25) “Commissioner in the Board” means the Commissioner referred to in

section 168;

(26) “common portal” means the common goods and services tax electronic

portal referred to in section 146;

(27) “common working days” in respect of a State or Union territory shall

mean such days in succession which are not declared as gazetted

holidays by the Central Government or the concerned State or Union

territory Government;

(28) “company secretary” means a company secretary as defined in clause

(c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980;

(29) “competent authority” means such authority as may be notified by the

Government;

(30) “composite supply” means a supply made by a taxable person to a

recipient consisting of two or more taxable supplies of goods or

services or both, or any combination thereof, which are naturally

bundled and supplied in conjunction with each other in the ordinary

course of business, one of which is a principal supply;

Illustration: Where goods are packed and transported with insurance,

the supply of goods, packing materials, transport and insurance is a

composite supply and supply of goods is a principal supply.

(31) “consideration” in relation to the supply of goods or services or both

includes––

(a) any payment made or to be made, whether in money or

otherwise, in respect of, in response to, or for the inducement of,

the supply of goods or services or both, whether by the recipient

or by any other person but shall not include any subsidy given

by the Central Government or a State Government;

(b) the monetary value of any act or forbearance, in respect of,

in response to, or for the inducement of, the supply of goods

or services or both, whether by the recipient or by any other

person but shall not include any subsidy given by the Central

Government or a State Government:

Provided that a deposit given in respect of the supply of goods or

services or both shall not be considered as payment made for such

supply unless the supplier applies such deposit as consideration for

the said supply;

(32) “continuous supply of goods” means a supply of goods which is

provided, or agreed to be provided, continuously or on recurrent basis,

under a contract, whether or not by means of a wire, cable, pipeline

or other conduit, and for which the supplier invoices the recipient on

a regular or periodic basis and includes supply of such goods as the

Government may, subject to such conditions, as it may, by notification,

specify;

(33) “continuous supply of services” means a supply of services which

is provided, or agreed to be provided, continuously or on recurrent

basis, under a contract, for a period exceeding three months with

periodic payment obligations and includes supply of such services

as the Government may, subject to such conditions, as it may, by

notification, specify;

(34) “conveyance” includes a vessel, an aircraft and a vehicle;

(35) “cost accountant” means a cost accountant as defined in 8[clause (b)]

of sub-section (1) of section 2 of the Cost and Works Accountants Act,

1959;

(36) “Council” means the Goods and Services Tax Council established

under article 279A of the Constitution;

(37) “credit note” means a document issued by a registered person under

sub-section (1) of section 34;

(38) “debit note” means a document issued by a registered person under

sub-section (3) of section 34;

(39) “deemed exports” means such supplies of goods as may be notified

under section 147;

(40) “designated authority” means such authority as may be notified by

the Board;

(41) “document” includes written or printed record of any sort and

electronic record as defined in clause (t) of section 2 of the Information

Technology Act, 2000;

(42) “drawback” in relation to any goods manufactured in India and

exported, means the rebate of duty, tax or cess chargeable on any

imported inputs or on any domestic inputs or input services used in

the manufacture of such goods;

(43) “electronic cash ledger” means the electronic cash ledger referred to in

subsection (1) of section 49;

(44) “electronic commerce” means the supply of goods or services or both,

including digital products over digital or electronic network;

(45) “electronic commerce operator” means any person who owns, operates

or manages digital or electronic facility or platform for electronic

commerce;

(46) “electronic credit ledger” means the electronic credit ledger referred

to in sub-section (2) of section 49;

(47) “exempt supply” means supply of any goods or services or both which

attracts nil rate of tax or which may be wholly exempt from tax under

section 11, or under section 6 of the Integrated Goods and Services Tax

Act, and includes non-taxable supply;

(48) “existing law” means any law, notification, order, rule or regulation

relating to levy and collection of duty or tax on goods or services

or both passed or made before the commencement of this Act by

Parliament or any Authority or person having the power to make such

law, notification, order, rule or regulation;

(49) “family” means,––

(i) the spouse and children of the person, and

(ii) the parents, grand-parents, brothers and sisters of the person if

they are wholly or mainly dependent on the said person;

(50) “fixed establishment” means a place (other than the registered place of

business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs;

(51) “Fund” means the Consumer Welfare Fund established under section

57;

(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;

(53) “Government” means the Central Government;

(54) “Goods and Services Tax (Compensation to States) Act” means the

Goods and Services Tax (Compensation to States) Act, 2017;

(55) “goods and services tax practitioner” means any person who has been

approved under section 48 to act as such practitioner;

(56) “India” means the territory of India as referred to in article 1 of the

Constitution, its territorial waters, seabed and sub-soil underlying

such waters, continental shelf, exclusive economic zone or any other

maritime zone as referred to in the Territorial Waters, Continental

Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976,

and the air space above its territory and territorial waters;

(57) “Integrated Goods and Services Tax Act” means the Integrated Goods

and Services Tax Act, 2017;

(58) “integrated tax” means the integrated goods and services tax levied

under the Integrated Goods and Services Tax Act;

(59) “input” means any goods other than capital goods used or intended to

be used by a supplier in the course or furtherance of business;

(60) “input service” means any service used or intended to be used by a

supplier in the course or furtherance of business;

(61) “Input Service Distributor” means an office of the supplier of goods

or services or both which receives tax invoices issued under section

31 towards the receipt of input services and issues a prescribed

document for the purposes of distributing the credit of central tax,

State tax, integrated tax or Union territory tax paid on the said services

to a supplier of taxable goods or services or both having the same

Permanent Account Number as that of the said office;

(62) “input tax” in relation to a registered person, means the central tax,

State tax, integrated tax or Union territory tax charged on any supply

of goods or services or both made to him and includes—

(a) the integrated goods and services tax charged on import of

goods;

(b) the tax payable under the provisions of sub-sections (3) and (4)

of section 9;

(c) the tax payable under the provisions of sub-section (3) and (4) of

section 5 of the Integrated Goods and Services Tax Act;

(d) the tax payable under the provisions of sub-section (3) and subsection

(4) of section 9 of the respective State Goods and Services

Tax Act; or

(e) the tax payable under the provisions of sub-section (3) and

sub-section (4) of section 7 of the Union Territory Goods and

Services Tax Act,

but does not include the tax paid under the composition levy;

(63) “input tax credit” means the credit of input tax;

(64) “intra-State supply of goods” shall have the same meaning as assigned

to it in section 8 of the Integrated Goods and Services Tax Act;

(65) “intra-State supply of services” shall have the same meaning as

assigned to it in section 8 of the Integrated Goods and Services Tax Act;

(66) “invoice” or “tax invoice” means the tax invoice referred to in section 31;

(67) “inward supply” in relation to a person, shall mean receipt of goods or

services or both whether by purchase, acquisition or any other means

with or without consideration;

(68) “job work” means any treatment or process undertaken by a person

on goods belonging to another registered person and the expression

“job worker” shall be construed accordingly;

(69) “local authority” means––

(a) a “Panchayat” as defined in clause (d) of article 243 of the

Constitution;

(b) a “Municipality” as defined in clause (e) of article 243P of the

Constitution;

(c) a Municipal Committee, a Zilla Parishad, a District Board,

and any other authority legally entitled to, or entrusted by the

Central Government or any State Government with the control

or management of a municipal or local fund;

(d) a Cantonment Board as defined in section 3 of the Cantonments

Act 2006;

(e) a Regional Council or a District Council constituted under the

Sixth Schedule to the Constitution;

(f) a Development Board constituted under article 371 [and article

371J] of the Constitution; or

(g) a Regional Council constituted under article 371A of the

Constitution;

(70) “location of the recipient of services” means,—

(a) where a supply is received at a place of business for which the

registration has been obtained, the location of such place of

business;

(b) where a supply is received at a place other than the place

of business for which registration has been obtained (a

fixed establishment elsewhere), the location of such fixed

establishment;

(c) where a supply is received at more than one establishment,

whether the place of business or fixed establishment, the

location of the establishment most directly concerned with the

receipt of the supply; and

(d) in absence of such places, the location of the usual place of

residence of the recipient;

(71) “location of the supplier of services” means,—

(a) where a supply is made from a place of business for which the

registration has been obtained, the location of such place of

business;

(b) where a supply is made from a place other than the place

of business for which registration has been obtained (a

fixed establishment elsewhere), the location of such fixed

establishment;

(c) where a supply is made from more than one establishment,

whether the place of business or fixed establishment, the

location of the establishment most directly concerned with the

provisions of the supply; and

(d) in absence of such places, the location of the usual place of

residence of the supplier;

(72) “manufacture” means processing of raw material or inputs in any

manner that results in emergence of a new product having a distinct

name, character and use and the term “manufacturer” shall be

construed accordingly;

(73) “market value” shall mean the full amount which a recipient of a

supply is required to pay in order to obtain the goods or services or

both of like kind and quality at or about the same time and at the same

commercial level where the recipient and the supplier are not related;

(74) “mixed supply” means two or more individual supplies of goods or

services, or any combination thereof, made in conjunction with each other

by a taxable person for a single price where such supply does not constitute a

composite supply;

Illustration: A supply of a package consisting of canned foods, sweets,

chocolates, cakes, dry fruits, aerated drinks and fruit juices when

supplied for a single price is a mixed supply. Each of these items can

be supplied separately and is not dependent on any other. It shall not

be a mixed supply if these items are supplied separately.

(75) “money” means the Indian legal tender or any foreign currency,

cheque, promissory note, bill of exchange, letter of credit, draft, pay

order, traveller cheque, money order, postal or electronic remittance

or any other instrument recognised by the Reserve Bank of India

when used as a consideration to settle an obligation or exchange with

Indian legal tender of another denomination but shall not include any

currency that is held for its numismatic value;

(76) “motor vehicle” shall have the same meaning as assigned to it in clause

(28) of section 2 of the Motor Vehicles Act, 1988;

(77) “non-resident taxable person” means any person who occasionally

undertakes transactions involving supply of goods or services or both,

whether as principal or agent or in any other capacity, but who has no

fixed place of business or residence in India;

(78) “non-taxable supply” means a supply of goods or services or both

which is not leviable to tax under this Act or under the Integrated

Goods and Services Tax Act;

(79) “non-taxable territory” means the territory which is outside the taxable

territory;

(80) “notification” means a notification published in the Official Gazette

and the expressions “notify” and “notified” shall be construed

accordingly;

(81) “other territory” includes territories other than those comprising in a

State and those referred to in sub-clauses (a) to (e) of clause (114);

(82) “output tax” in relation to a taxable person, means the tax chargeable

under this Act on taxable supply of goods or services or both made by

him or by his agent but excludes tax payable by him on reverse charge

basis;

(83) “outward supply” in relation to a taxable person, means supply of

goods or services or both, whether by sale, transfer, barter, exchange,

licence, rental, lease or disposal or any other mode, made or agreed to

be made by such person in the course or furtherance of business ;

(84) “person” includes—

(a) an individual;

(b) a Hindu Undivided Family;

(c) a company;

(d) a firm;

(e) a Limited Liability Partnership;

(f) an association of persons or a body of individuals, whether

incorporated or not, in India or outside India;

(g) any corporation established by or under any Central Act, State

Act or Provincial Act or a Government company as defined in

clause (45) of section 2 of the Companies Act, 2013;

(h) any body corporate incorporated by or under the laws of a

country outside India;

(i) a co-operative society registered under any law relating to cooperative

societies;

(j) a local authority;

(k) Central Government or a State Government;

(l) society as defined under the Societies Registration Act, 1860;

(m) trust; and

(n) every artificial juridical person, not falling within any of the

above;

(85) “place of business” includes––

(a) a place from where the business is ordinarily carried on, and

includes a warehouse, a godown or any other place where a

taxable person stores his goods, supplies or receives goods or

services or both; or

(b) a place where a taxable person maintains his books of account;

or

(c) a place where a taxable person is engaged in business through

an agent, by whatever name called;

(86) “place of supply” means the place of supply as referred to in Chapter

V of the Integrated Goods and Services Tax Act;

(87) “prescribed” means prescribed by rules made under this Act on the

recommendations of the Council;

(88) “principal” means a person on whose behalf an agent carries on the

business of supply or receipt of goods or services or both;

(89) “principal place of business” means the place of business specified as

the principal place of business in the certificate of registration;

(90) “principal supply” means the supply of goods or services which

constitutes the predominant element of a composite supply and to

which any other supply forming part of that composite supply is

ancillary;

(91) “proper officer” in relation to any function to be performed under this

Act, means the Commissioner or the officer of the central tax who is

assigned that function by the Commissioner in the Board;

(92) “quarter” shall mean a period comprising three consecutive calendar

months, ending on the last day of March, June, September and

December of a calendar year;

(93) “recipient” of supply of goods or services or both, means—

(a) where a consideration is payable for the supply of goods

or services or both, the person who is liable to pay that

consideration;

(b) where no consideration is payable for the supply of goods, the

person to whom the goods are delivered or made available, or to

whom possession or use of the goods is given or made available;

and

(c) where no consideration is payable for the supply of a service,

the person to whom the service is rendered,

and any reference to a person to whom a supply is made shall be

construed as a reference to the recipient of the supply and shall include

an agent acting as such on behalf of the recipient in relation to the

goods or services or both supplied;

(94) “registered person” means a person who is registered under section 25

but does not include a person having a Unique Identity Number;

(95) “regulations” means the regulations made by the Board under this Act

on the recommendations of the Council;

(96) “removal’’ in relation to goods, means—

(a) despatch of the goods for delivery by the supplier thereof or by

any other person acting on behalf of such supplier; or

(b) collection of the goods by the recipient thereof or by any other

person acting on behalf of such recipient;

(97) “return” means any return prescribed or otherwise required to be

furnished by or under this Act or the rules made thereunder;

(98) “reverse charge” means the liability to pay tax by the recipient of

supply of goods or services or both instead of the supplier of such

goods or services or both under sub-section (3) or sub-section (4) of

section 9, or under sub-section (3) or subsection (4) of section 5 of the

Integrated Goods and Services Tax Act;

(99) “Revisional Authority” means an authority appointed or authorised

for revision of decision or orders as referred to in section 10 8;

(100) “Schedule” means a Schedule appended to this Act;

(101) “securities” shall have the same meaning as assigned to it in clause (h)

of section 2 of the Securities Contracts (Regulation) Act, 1956 ;

(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;

(101) “securities” shall have the same meaning as assigned to it in clause (h)

of section 2 of the Securities Contracts (Regulation) Act, 1956 ;

(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;

10[Explanation.––For the removal of doubts, it is hereby clarified that the

expression “services” includes facilitating or arranging transactions in

securities;]

(103) “State” includes a Union territory with Legislature;

(104) “State tax” means the tax levied under any State Goods and Services

Tax Act;

(105) “supplier” in relation to any goods or services or both, shall mean the

person supplying the said goods or services or both and shall include

an agent acting as such on behalf of such supplier in relation to the

goods or services or both supplied;

(106) “tax period” means the period for which the return is required to be

furnished;

(107) “taxable person” means a person who is registered or liable to be

registered under section 22 or section 24;

(108) “taxable supply” means a supply of goods or services or both which is

leviable to tax under this Act;

(109) “taxable territory” means the territory to which the provisions of this

Act apply;

(110) “telecommunication service” means service of any description

(including electronic mail, voice mail, data services, audio text

services, video text services, radio paging and cellular mobile

telephone services) which is made available to users by means of

any transmission or reception of signs, signals, writing, images and

sounds or intelligence of any nature, by wire, radio, visual or other

electromagnetic means;

(111) “the State Goods and Services Tax Act” means the respective State

Goods and Services Tax Act, 2017;

(112) “turnover in State” or “turnover in Union territory” means the

aggregate value of all taxable supplies (excluding the value of inward

supplies on which tax is payable by a person on reverse charge basis)

and exempt supplies made within a State or Union territory by a

taxable person, exports of goods or services or both and inter-State

supplies of goods or services or both made from the State or Union

territory by the said taxable person but excludes central tax, State tax,

Union territory tax, integrated tax and cess;

(113) “usual place of residence” means––

(a) in case of an individual, the place where he ordinarily resides;

(b) in other cases, the place where the person is incorporated or

otherwise legally constituted;

(114) “Union territory” means the territory of—

(a) the Andaman and Nicobar Islands;

(b) Lakshadweep;

(c) Dadra and Nagar Haveli;

(d) Daman and Diu

(e) Chandigarh; and

(f) other territory.

Explanation.––For the purposes of this Act, each of the territories

specified in sub-clauses (a) to (f) shall be considered to be a separate

Union territory;

(115) “Union territory tax” means the Union territory goods and services

tax levied under the Union Territory Goods and Services Tax Act;

(116) “Union Territory Goods and Services Tax Act” means the Union

Territory Goods and Services Tax Act, 2017;

(117) “valid return” means a return furnished under sub-section (1) of

section 39 on which self-assessed tax has been paid in full;

(118) “voucher” means an instrument where there is an obligation to accept

it as consideration or part consideration for a supply of goods or

services or both and where the goods or services or both to be supplied

or the identities of their potential suppliers are either indicated on the

instrument itself or in related documentation, including the terms and

conditions of use of such instrument;

(119) “works contract” means a contract for building, construction,

fabrication, completion, erection, installation, fitting out, improvement,

modification, repair, maintenance, renovation, alteration or

commissioning of any immovable property wherein transfer of

property in goods (whether as goods or in some other form) is involved

in the execution of such contract;

(120) words and expressions used and not defined in this Act but defined in

the Integrated Goods and Services Tax Act, the Union Territory Goods

and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meaning as assigned to them in those

Acts;

(121) any reference in this Act to a law which is not in force in the State of

Jammu and Kashmir, shall, in relation to that State be construed as a

reference to the corresponding law, if any, in force in that State.