2019 (2) TMI 63 - AAR - GST

GST ITC denied for hotel accommodation as personal comfort under Section 17(5)(g), health insurance recovery not taxable supply

AAR Maharashtra ruled on three GST issues: (1) Input Tax Credit (ITC) for hotel accommodation provided to General Manager and Managing Director was denied ... Input tax credit - GST paid for hotel stay in case of rent free hotel accommodation provided to General Manager and Managing Director of the Applicant - invoice for quality claim raised by the Applicant on POSCO Daewoo Corporation located in Korea - export of service - recovery of Parents Health Insurance expenses from employee - supply of service or not. Whether Input Tax Credit is admissible in respect of GST paid for hotel stay in case of rent free hotel accommodation provided to General Manager and Managing Director of the company? - Held that:- As per Section 16(1) of the CHST Act, ITC is available on the tax charged on any supply of goods or services or, both to the applicant which are used or intended to be used in the course of furtherance of their business - Hotel Accommodation is being used by the applicant as a residential premises of their MD/ GM which is for the personal comfort of both and therefore in view of the provisions of Section 17(5)(g) we hold that they are not eligible to claim the ITC for the same. Whether invoice for quality claim raised by the Applicant on POSCO Daewoo Corporation located in Korea will be treated as '“export of service”? - Held that:- In the present case, in respect of the so called defective goods they have not stated whether the goods were sold as such to their clients or whether the goods were sold to their customers after they have carried out “low value-added processing function in respect of some of the traded goods based on customer's requirements - the complete details regarding the transaction have not been submitted by them and therefore this issue is not answered. Whether recovery of Parents Health Insurance expenses from employee in respect of the insurance provided by the Applicant amounts to “supply of service” under Section 7 of the Central Goods and Service Tax Act, 2017(CGST Act, 2017)? - Time of supply - value of supply - input tax credit of GST charged by the insurance company - Held that:- Appellant are not rendering any services of health insurance to their employees and hence there is no supply of services in the instant case. Since there is no supply, we do not find the need to answer the second part of this question - the Applicant cannot claim input tax credit of GST charged by the insurance company. Issues Involved:1. Admissibility of Input Tax Credit (ITC) for GST paid on hotel accommodation for the General Manager and Managing Director.2. Treatment of an invoice for quality claims as 'export of service'.3. Recovery of health insurance expenses from employees as 'supply of service'.4. Time and value of supply if the recovery amounts to 'supply'.5. Claiming ITC of GST charged by the insurance company.Detailed Analysis:Issue 1: Admissibility of Input Tax Credit for Hotel StayThe applicant sought to know if ITC is admissible for GST paid on hotel stays provided as rent-free accommodation to the General Manager (GM) and Managing Director (MD). The applicant argued that the accommodation is a business expense as it ensures the efficient functioning of the business.Judgment:The authority referred to Section 16(1) of the CGST Act, which allows ITC for goods or services used in the course of business. However, Section 17(5)(g) disallows ITC for goods or services used for personal consumption. It was concluded that hotel accommodation is for the personal comfort of the MD/GM and not in furtherance of business. Therefore, ITC is not admissible for the GST paid on such hotel stays.Issue 2: Invoice for Quality Claim as 'Export of Service'The applicant raised an invoice for quality claims on POSCO Daewoo Corporation, Korea, and sought to determine if it qualifies as 'export of service'. The applicant contended that the transaction should be treated as a service under Section 2(102) of the CGST Act, as it involved tolerating defective goods.Judgment:The authority noted that the applicant did not provide complete details about the transaction, such as the status of the defective goods and the treatment of IGST credit. Due to incomplete information, the authority refrained from answering this question.Issue 3: Recovery of Health Insurance Expenses as 'Supply of Service'The applicant queried whether recovering 50% of the health insurance premium from employees amounts to 'supply of service' under Section 7 of the CGST Act and if GST is applicable.Judgment:The authority concluded that the recovery of insurance premiums from employees does not constitute a supply of service. The premium paid to the insurance company is for providing mediclaim facilities, not a service rendered by the applicant to employees. Therefore, it does not amount to 'supply of service' under GST laws.Issue 4: Time and Value of SupplyGiven that the recovery of insurance expenses does not amount to 'supply of service,' the question of determining the time and value of supply does not arise.Issue 5: Claiming Input Tax Credit of GST Charged by the Insurance CompanyThe applicant sought to claim ITC on the GST charged by the insurance company for health insurance premiums.Judgment:Since the recovery of insurance expenses from employees is not considered a supply of service, the applicant cannot claim ITC on the GST charged by the insurance company.Conclusion:1. ITC is not admissible for GST paid on hotel accommodation provided to the GM and MD.2. The authority refrained from answering the question about treating the invoice for quality claims as 'export of service' due to incomplete details.3. Recovery of health insurance expenses from employees does not amount to 'supply of service'.4. The question of time and value of supply is not applicable.5. The applicant cannot claim ITC on the GST charged by the insurance company.