Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997.

Last updated: 12 October 2019

Notice Date : 10 November 2019

Circular No. 119/38/2019-GST 1

F. No. 354/136/2019-TRU

Government of India

Ministry of Finance

Department of Revenue

Tax research Unit

****

Room No. 156, North Block,

New Delhi, the 11th October 2019

To,

The Principal Chief Commissioners/ Chief Commissioners/

Principal Commissioners/ Commissioner of Central Tax (All) /

The Principal Director Generals/ Director Generals (All)

Madam/Sir,

Subject: Clarification regarding taxability of supply of securities under Securities Lending Scheme, 1997 – reg.

Trade has requested clarification on whether the supply of securities under Securities Lending Scheme, 1997 (“Scheme”) by the lender is taxable under GST.

2. Securities and Exchange Board of India (SEBI) has prescribed the Securities Lending Scheme, 1997 for the purpose of facilitating lending and borrowing of securities. Under the Scheme, lender of securities lends to a borrower through an approved intermediary to a borrower under an agreement for a specified period with the condition that the borrower will return equivalent securities of the same type or class at the end of the specified period along with the corporate benefits accruing on the securities borrowed. The transaction takes place through an electronic screen-based order matching mechanism provided by the recognised stock exchange in India. There is anonymity between the lender and borrower since there is no direct agreement between them.

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