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 between related persons: loans with only interest are exempt from GST, while separate processing fees remain taxable. Supply between related persons is treated as a supply even without consideration; services of extending loans are exempt from GST when consideration is only interest or discount. Distinct charges such as processing or administrative fees constitute taxable consideration for loan processing/facilitation services and attract GST. Where related parties charge no such fees beyond interest/discount, there is no taxable service and open market valuation should 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 between related persons: loans with only interest are exempt from GST, while separate processing fees remain taxable.
Supply between related persons is treated as a supply even without consideration; services of extending loans are exempt from GST when consideration is only interest or discount. Distinct charges such as processing or administrative fees constitute taxable consideration for loan processing/facilitation services and attract GST. Where related parties charge no such fees beyond interest/discount, there is no taxable service and open market valuation should not be applied.
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