IGST Section 2 — Definitions

IGST Act · Definitions

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Section 2 of the IGST Act, 2017 governs Definitions. It provides the core statutory basis, outlining the essential legal principles, rights, and liabilities under Indian indirect tax law. Section 2 IGST: Definitions — eligibility, conditions, case laws and compliance impact under Indian tax law.

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Plain English Summary

Section 2 of the IGST Act, 2017, is a critical foundation, defining key terms used throughout the Act. This section ensures everyone understands the specific meaning of these terms in the context of IGST, preventing ambiguity and promoting consistent application of the law.

This section applies to all stakeholders involved in the Goods and Services Tax (GST) system, including businesses (suppliers and recipients of goods and services), government authorities, tax professionals, and consumers. Its definitions are relevant whenever IGST is applicable, particularly when determining the place of supply, calculating tax liabilities, and claiming input tax credits in inter-state transactions, imports, and exports.

Here's a breakdown of some key definitions within Section 2:

Central Goods and Services Tax Act (CGST Act): This simply clarifies that any reference to the CGST Act within the IGST Act refers to the CGST Act of 2017. This is essential for cross-referencing provisions.
Central Tax: It means the tax levied and collected under the CGST Act.
Continuous Journey: This refers to a journey covered by a single ticket or invoice (or multiple issued at the same time), involving no stopover where the passenger disembarks to transfer to another conveyance or break his journey before resuming it later. Example: A bus ticket from Delhi to Kathmandu without any authorized break in between.
Customs Frontiers of India: This refers to the limits of a customs area as defined in Section 2 of the Customs Act, 1962. It establishes the boundary for import and export regulations.
Export of Goods: Simply put, this means taking goods out of India to a place outside India. Example: Sending garments manufactured in Surat to a buyer in Dubai.
Export of Services: This is more nuanced and requires meeting all of these conditions:
- The service provider is located in India.
- The service recipient is located outside India.
- The place of supply of the service is outside India.
- Payment for the service is received in convertible foreign exchange or, where permitted, in Indian rupees.
- The service provider and recipient are not merely establishments of the same distinct person (as defined in Section 8). Example: An Indian IT company providing software development services to a company in the US, receiving payment in USD, with the place of supply being the US, and the companies aren't simply branches of each other.
Fixed Establishment: A place (other than the registered place of business) with sufficient permanence and resources to supply or receive services for its own needs. Example: A company's marketing office in a different state, equipped with staff and technology to provide marketing services.
Import of Goods: Simply means bringing goods into India from a place outside India. Example: Purchasing machinery from Germany and shipping it to Mumbai.
Import of Services: This requires all these conditions:
- The service provider is located outside India.
- The service recipient is located in India.
- The place of supply of the service is in India. Example: An Indian company hiring a foreign consultant who provides advice from their overseas office, and the advice is used in India.
Integrated Tax: The IGST levied under the IGST Act itself.
Intermediary: This refers to a broker or agent who facilitates a supply of goods or services between two or more persons but does not include someone who supplies those goods or services on their own account. Example: A travel agent booking a hotel room for a customer, acting as a facilitator between the customer and the hotel.
Location of the Recipient of Services & Location of the Supplier of Services: these are detailed and depend on the place of registration, fixed establishments, or usual place of residence. They are crucial for determining the place of supply.
Non-taxable online recipient: An unregistered person receiving online information and database access or retrieval services located in taxable territory.
Online Information and Database Access or Retrieval Services (OIDAR): Services delivered via information technology over the internet where their supply is impossible without IT. This includes services like cloud services, e-books, online gaming (excluding online money gaming as defined in clause (80B) of section 2 of the Central Goods and Services Tax Act, 2017), and digital data storage.
Output Tax: The IGST chargeable on a taxable supply of goods or services made by a taxable person (or their agent), excluding tax payable under reverse charge.
Special Economic Zone (SEZ) & SEZ Developer: These terms carry the same meaning as defined in the Special Economic Zones Act, 2005.

Important Amendments: The definition of "Export of Services" was amended to clarify the acceptance of payment in Indian rupees where permitted by the Reserve Bank of India. The definitions related to OIDAR services and "non-taxable online recipient" are also subject to changes, so businesses dealing with digital services should pay close attention to the latest updates.

A clear understanding of Section 2 is paramount for accurate IGST compliance, proper tax planning, and avoiding potential disputes with tax authorities. Always refer to the latest official notifications and circulars for the most up-to-date interpretations of these definitions.

Section 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 (4 of 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 theCentralBoard of Indirect Taxes and Customs¹, the Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the National Appellate Authority for Advance Ruling,² the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) ofsection 171³;

(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 insection 107;

(9)"Appellate Tribunal" means the Goods and Services Tax Appellate Tribunal constituted undersection 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 (43 of 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 insection 116;

(16)"Board" means theCentral Board of Indirect Taxes and Customs⁴constituted under the Central Boards of Revenue Act, 1963 (54 of 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; and⁵

(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)****⁶;

(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 undersection 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 (38 of 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 insection 168;

(26)"common portal" means the common goods and services tax electronic portal referred to insection 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 (56 of 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: Providedthat 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 clause⁷

(b)] of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 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 subsection

(1)ofsection 34;

(38)"debit note" means a document issued by a registered person under subsection

(3)ofsection 34;

(39)"deemed exports" means such supplies of goods as may be notified undersection 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 (21 of 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 sub- section (1) ofsection 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) ofsection 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 undersection 11, or undersection 6of the Integrated Goods and Services Tax Act, and includes nontaxable 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 undersection 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 undersection 48to 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 (80 of 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 towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of¹⁷

section 9 of this Act or under sub-section¹⁸

(3)or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017], for or on behalf of distinct persons referred to in section 25, and liable to distribute the input tax credit in respect of such invoices in the manner provided in

section 20;]of this Act or under sub-section¹⁸

section 20;]

(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) ofsection 9;

(c)the tax payable under the provisions of sub-sections (3) and (4) ofsection 5of the Integrated Goods and Services Tax Act;

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

section 9 of the respective State Goods and Services Tax Act; or

(e)the tax payable under the provisions of sub-sections (3) and (4) ofsection 7of 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 insection 8of the Integrated Goods and Services Tax Act;

(65)"intra-State supply of services" shall have the same meaning as assigned to it insection 8of the Integrated Goods and Services Tax Act;

(66)"invoice" or "tax invoice" means the tax invoice referred to insection 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 municipalfund¹⁹ or local fund;

Explanation.– For the purposes of this sub-clause —¹⁹

(a)“local fund” means any fund under the control or management of an authority of a local self-government established for discharging civic functions in relation to a Panchayat area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called;]

(b)“municipal fund” means any fund under the control or management of an authority of a local self-government established for discharging civic functions in relation to a Metropolitan area or Municipal area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called;¹⁹

(d)a Cantonment Board as defined in section 3 of the Cantonments Act, 2006 (41 of 2006);

(e)a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution;

(f)a Development Board constituted under article 371and article 371J⁸ 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 (59 of 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;

(80A)"online gaming" means offering of a game on the internet or an electronic network and includes online money gaming.¹²

(80B)"online money gaming" means online gaming in which players pay or deposit money or money's worth, including virtual digital assets, in the expectation of winning money or money's worth, including virtual digital assets, in any event including game, scheme, competition or any other activity or process, whether or not its outcome or performance is based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force.¹³

(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 (18 of 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 co-operative societies;

(j)a local authority;

(k)Central Government or a State Government;

(l)society as defined under the Societies Registration Act, 1860 (21 of 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 undersection 25but 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) ofsection 9, or under sub-section (3) or sub- section (4) ofsection 5of 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 insection 108;

(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 (42 of 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;

(102A)"specified actionable claim" means the actionable claim involved in or by way of— (i) betting;¹⁴

(ii)casinos;¹⁴

(iii)gambling;¹⁴

(iv)horse racing;¹⁴

(v) lottery; or¹⁴

(vi)online money gaming.]

Explanation.- For the removal of doubts, it is hereby clarified that the expression "services" includes facilitating or arranging transactions in securities;⁹

(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; Provided that a person who organises or arranges, directly or indirectly, supply of specified actionable claims, including a person who owns, operates or manages digital or electronic platform for such supply, shall be deemed to be a supplier of such actionable claims, whether such actionable claims are supplied by him or through him and whether consideration in money or money's worth, including virtual digital assets, for supply of such actionable claims is paid or conveyed to him or through him or placed at his disposal in any manner, and all the provisions of this Act shall apply to such supplier of specified actionable claims, as if he is the supplier liable to pay the tax in relation to the supply of such actionable claims.¹⁵

(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 undersection 22orsection 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 orservices orbothand 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 and Daman and Diu;¹⁰

(d)Ladakh;¹⁰

(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;

(116A)“unique identification marking” means the unique identification marking referred to in clause (b) of sub-section (2) of section 148A and includes a digital stamp, digital mark or any other similar marking, which is unique, secure and non-removable;¹⁹

(117)"valid return" means a return furnished under sub-section (1) ofsection 39on which self-assessed tax has been paid in full;

(117A)"virtual digital asset" shall have the same meaning as assigned to it in clause (47A) of section 2 of the Income-tax Act, 1961.¹⁶

(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)****¹¹

Explanation.-For the purposes of this clause, factors that should be considered in determining whether goods or services are related include-

(a)the nature of the goods or services;

(b)the nature of the production processes;

(c)the type or class of customers for the goods or services;

(d)the methods used to distribute the goods or supply of services; and

(e)the nature of regulatory environment (wherever applicable), including banking, insurance, or public utilities;" by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

Enforced w.e.f. 22nd July 2017.

123456789+10 moreSuperscript numbers in the text mark amended passages — click them to jump here. Click "↑ view in text" to jump back.

2018↑ view in text

Substituted for "Central Board of Excise and Customs" by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2019↑ view in text

Inserted by s. 92 of The Finance (No. 2) Act, 2019. This amendment shall be effective from a date to be notified.

2018↑ view in text

Substituted for " the Appellate Authority and the Appellate Tribunal " by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2018↑ view in text

Substituted for "Central Board of Excise and Customs" by s. 221 of The Finance Act, 2018 (No. 13 of 2018) - Brought into force w.e.f. 29th March, 2018.

2018↑ view in text

Substituted for " (h) services provided by a race club by way of totalisator or a licence to book maker in such club; and. " by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

↑ view in text

Omitted - (18) " business vertical " means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals.

2018↑ view in text

Substituted for "clause (c)" by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) -Brought into force w.e.f. 01st February, 2019.

2018↑ view in text

Inserted by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2018↑ view in text

Inserted by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2020↑ view in text

Substituted for "(c) Dadra and Nagar Haveli; (d) Daman and Diu;" by s. 118 of The Finance Act, 2020 (No. 12 of 2020)-Brought into force w.e.f. 30.06.2020.

2020↑ view in text

Omitted (w.e.f. 18-3-2020) by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2024↑ view in text

Substituted (w.e.f. 01.04.2024) by s. 11 of The Finance (No. 8) Act, 2024.

2025↑ view in text

Inserted (w.e.f. 01.04.2025) by s. 121 of The Finance (No. 7) Act, 2025.

2025↑ view in text

Inserted (w.e.f. 01.10.2025) by s. 121 of The Finance (No. 7) Act, 2025.

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Frequently Asked Questions

What is the definition of 'goods' under IGST Section 2 and how does it differ from services?

IGST Section 2(5) defines 'goods' as 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. This definition is crucial because it distinguishes between 'goods' and 'services' (defined separately), impacting the applicable tax rates and compliance procedures. Services, being anything other than goods, money, and securities, are subject to a different set of regulations and often different IGST rates. Incorrect classification can lead to incorrect tax calculations and potential penalties.

IGST Section 2 defines 'services'. Can you provide a detailed explanation and examples of what constitutes 'services' under IGST?

IGST Section 2(102) broadly defines 'services' as 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. This 'residual definition' essentially captures all activities that don't fall under the definition of 'goods', money, or securities. Examples include: IT consulting, transportation, banking, insurance, restaurant services, professional services (legal, accounting, etc.), entertainment, and intellectual property licensing. Determining whether something is a 'good' or a 'service' is paramount for IGST applicability.

What is the significance of the term 'place of supply' as defined implicitly within IGST Section 2 for determining IGST liability?

While 'place of supply' isn't explicitly defined within IGST Section 2 in a single clause, the various definitions relating to supply, inter-state trade, and location of the supplier and recipient all contribute to the determination of 'place of supply'. This is *crucial* because the 'place of supply' rules, primarily found in Chapter V of the IGST Act, determine whether a supply is considered an inter-state supply (subject to IGST) or an intra-state supply (subject to CGST and SGST/UTGST). Therefore, a thorough understanding of the definitions within Section 2 is essential for correctly applying the 'place of supply' rules and ensuring accurate tax compliance.

How does IGST Section 2 define 'inter-State supply' and why is it important for businesses operating across state lines?

Although the detailed definition of 'inter-State supply' is in Section 7 and Section 8 of the IGST Act, the groundwork is laid by Section 2. Understanding definitions such as 'location of the supplier of services' (Section 2(15)) and 'location of the recipient of services' (Section 2(14)), along with the definitions of 'goods' and 'services', is vital for determining if a supply qualifies as inter-state. An inter-State supply is broadly a supply where the location of the supplier and the place of supply are in different States or Union territories. This is important because inter-State supplies are subject to IGST, and businesses operating across state lines need to correctly identify these supplies to comply with the IGST regulations, file the correct returns, and pay the appropriate taxes.

Can you explain the definition of 'Union territory' under IGST Section 2 and how it affects the applicability of IGST vs. UTGST?

While Section 2 doesn't provide a specific definition of 'Union territory' (it would refer to the definition as per the Constitution and relevant legislation), the implication within IGST is significant. Supplies within a Union territory *without* a legislature (like Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Ladakh, and Chandigarh) are treated differently than supplies within a State or UT with legislature (Delhi, Jammu and Kashmir, Puducherry). Instead of CGST and SGST, supplies within a Union territory without legislature are subject to CGST and UTGST (Union Territory Goods and Services Tax). The various definitions in Section 2, like 'location of the supplier' and 'place of supply', will ultimately determine whether a supply within a UT is subject to CGST/UTGST or IGST.

Why is understanding definitions like 'taxable territory' in IGST Section 2 important for determining IGST applicability?

While 'taxable territory' isn't defined precisely in Section 2, it is implicitly referred to as the territory to which the GST laws extend. This is crucial because the GST laws, including IGST, apply primarily to supplies made within the 'taxable territory' (essentially, the territory of India). Understanding which areas fall within the 'taxable territory' is a pre-requisite to determine if a supply is even subject to GST in the first place. For example, supplies made outside the taxable territory are generally not subject to IGST or other GST taxes (though there may be exceptions for imports). Therefore, an understanding of the applicable definitions related to supply, place of supply, and location of the supplier/recipient, is necessary to determine if the transaction falls within the GST purview.

Key Conditions & Requirements

Condition	Details
Continuous Journey	Requires a single or multiple tickets/invoices issued at the same time, by a single supplier or an agent acting for multiple suppliers, and involves no stopover between legs where separate tickets/invoices are issued.
Export of Goods	Taking goods out of India to a place outside India.
Export of Services	Supplier of service is located in India; Recipient of service is located outside India; Place of supply of service is outside India; Payment is received in convertible foreign exchange or Indian Rupees (if permitted by RBI); Supplier and recipient are not merely establishments of a distinct person as per Explanation 1 in section 8.
Import of Goods	Bringing goods into India from a place outside India.
Import of Services	Supplier of service is located outside India; Recipient of service is located in India; Place of supply of service is in India.
Intermediary	A broker, agent, or any other person who arranges or facilitates the supply of goods, services, or securities between two or more persons, but excluding a person who supplies such goods, services, or securities on their own account.
Fixed Establishment	A place (other than the registered place of business) with a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply or receive and use services for its own needs.

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Amendment History

Enforced w.e.f. 22nd July 2017.

123456789+10 moreSuperscript numbers in the text mark amended passages — click them to jump here. Click "↑ view in text" to jump back.

2018↑ view in text

Substituted for "Central Board of Excise and Customs" by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2019↑ view in text

Inserted by s. 92 of The Finance (No. 2) Act, 2019. This amendment shall be effective from a date to be notified.

2018↑ view in text

Substituted for "Central Board of Excise and Customs" by s. 221 of The Finance Act, 2018 (No. 13 of 2018) - Brought into force w.e.f. 29th March, 2018.

2018↑ view in text

↑ view in text

2018↑ view in text

Substituted for "clause (c)" by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) -Brought into force w.e.f. 01st February, 2019.

2018↑ view in text

Inserted by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2018↑ view in text

Inserted by s. 2 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) - Brought into force w.e.f. 01st February, 2019.

2020↑ view in text

Substituted for "(c) Dadra and Nagar Haveli; (d) Daman and Diu;" by s. 118 of The Finance Act, 2020 (No. 12 of 2020)-Brought into force w.e.f. 30.06.2020.

2020↑ view in text

Omitted (w.e.f. 18-3-2020) by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2023↑ view in text

Inserted by s. 2 of Central Goods and Services Tax (Amendment) Act, 2023 (No. 30 of 2023) - Brought into force w.e.f. 01st October, 2023 vide Notification No. 48/2023-C.T. , dated 29nd Sep, 2023.

2024↑ view in text

Substituted (w.e.f. 01.04.2024) by s. 11 of The Finance (No. 8) Act, 2024.

2025↑ view in text

Inserted (w.e.f. 01.04.2025) by s. 121 of The Finance (No. 7) Act, 2025.

2025↑ view in text

Inserted (w.e.f. 01.10.2025) by s. 121 of The Finance (No. 7) Act, 2025.

IGST Section 2 — Definitions

Quick Answer

Plain-English Explanation

Frequently Asked Questions

What is the definition of 'goods' under IGST Section 2 and how does it differ from services?

IGST Section 2 defines 'services'. Can you provide a detailed explanation and examples of what constitutes 'services' under IGST?

What is the significance of the term 'place of supply' as defined implicitly within IGST Section 2 for determining IGST liability?

How does IGST Section 2 define 'inter-State supply' and why is it important for businesses operating across state lines?

Can you explain the definition of 'Union territory' under IGST Section 2 and how it affects the applicability of IGST vs. UTGST?

Why is understanding definitions like 'taxable territory' in IGST Section 2 important for determining IGST applicability?

Key Conditions & Requirements

Amendment History

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