Clarification regarding taxability of the transaction of providing loan by an overseas affiliate to its Indian affiliate or by a person to a related person- reg.
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Related party loan interest exemption affirmed; processing fees for loan facilitation attract GST as taxable consideration when charged. Loans or advances between related persons are supply under Schedule I, but services of extending loans are exempt insofar as consideration is only interest or discount; processing/administrative/service fees charged in addition to interest constitute taxable consideration for facilitation/processing services and attract GST, whereas absence of such fees between related parties does not give rise to a deemed taxable processing service or obligation to apply open market valuation.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Related party loan interest exemption affirmed; processing fees for loan facilitation attract GST as taxable consideration when charged.
Loans or advances between related persons are supply under Schedule I, but services of extending loans are exempt insofar as consideration is only interest or discount; processing/administrative/service fees charged in addition to interest constitute taxable consideration for facilitation/processing services and attract GST, whereas absence of such fees between related parties does not give rise to a deemed taxable processing service or obligation to apply open market valuation.
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