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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
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Supply characterization of related party loans: interest only consideration is exempt under GST; processing fees are taxable. Extending loans/credit/advances between related persons is a supply under Schedule I read with section 7(1)(c), but services of granting loans are exempt insofar as consideration is only interest or discount. Amounts charged over and above interest-such as processing, administrative or service fees-constitute taxable consideration for processing/facilitating/administration services and attract GST; where no such fees are charged between related parties, no processing supply arises and Rule 28 valuation need not be applied.
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.
Supply characterization of related party loans: interest only consideration is exempt under GST; processing fees are taxable.
Extending loans/credit/advances between related persons is a supply under Schedule I read with section 7(1)(c), but services of granting loans are exempt insofar as consideration is only interest or discount. Amounts charged over and above interest-such as processing, administrative or service fees-constitute taxable consideration for processing/facilitating/administration services and attract GST; where no such fees are charged between related parties, no processing supply arises and Rule 28 valuation need not be applied.
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