A registered Indian company receives consultancy services, for use in its business, free of charge from an unrelated firm located abroad. Is this import of services a supply under the CGST Act, 2017?
Question and options
A registered Indian company receives consultancy services, for use in its business, free of charge from an unrelated firm located abroad. Is this import of services a supply under the CGST Act, 2017?
No, because a free import of services is a supply only when it comes from a related person or the recipient's own foreign establishment
Yes, because Schedule I treats a free import of services for the recipient's business as a supply, whoever the supplier is
Yes, because tax on imported services is payable by the recipient under reverse charge, whether or not consideration is paid
No, because an import of services is a supply only if consideration is paid for it, whoever the supplier is
Answer and explanation
Section 7(1)(b) of the CGST Act, 2017 makes an import of services a supply when it is for consideration, and paragraph 4 of Schedule I adds free imports only when they come from a related person or from the taxable person's other establishments outside India, in the course or furtherance of business. An unrelated foreign firm giving free advice falls under neither rule. Schedule I does not reach every free business import, and reverse charge applies only where there is a supply in the first place.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
AILET PG
Subject revision
Related exam syllabi
More solved explanations in GST - levy, supply, input tax credit, registration & returns
- The GST rate on a product rises from 5% to 18% with effect from 1 September 2026. The supplier issues the invoice on 31 August, delivers the goods on 2 September,…
- An intermediary in India arranges supplies for a principal located outside India, and the principal's location is known. Under the IGST Act, 2017 as in force on 10…
- A Chennai carrier transports goods to the United States for a GST-registered customer located in Hyderabad. Both the carrier and recipient are located in India.…
- A registered supplier makes a supply that is zero-rated and would otherwise be exempt. Under section 16(2) of the Integrated Goods and Services Tax Act, 2017, may…
- A dealer acquires a second-hand car for ₹2,50,000 without taking input tax credit and sells it as such for ₹3,00,000. What is the taxable value under the…