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Canteen Recovery -GST Payable from Year 17-18 /18-19/19-20 & up to date- Payment Mode -Guidance request

venkataraman swaminathan

Dear Sir

Good Morning

We are coming under factories act & we are providing food to our Employees and also to our contract workers. Food received from outside from a Outdoor catering service provider canteen.

In this connection , we have not paid the GST payable on the cost recovery done from our (1) employees @ concessional rate & (2) from our man power contractors from the year 17-18 to till date and we have now decided to pay the GST payable /GST liability along with Interest also in Nov 20 from the year 17-18 to till date year wise figures.

Now for payment of GST liability we need guidance for the following .

1 ) for recovery done from our Employees can we raise Tax Invoice as regular payable routing

2) for recovery done from our Man Power contractors , can we issue our GST tax invoice to the respective man power contractors .(year wise )

3) (OR) the entire amount of GST payable /GST liability to be paid under DRC 03 year wise

We need guidance on the above because , there is no clarity for payment of this type of GST payable pending from 17-18 /18-19/ 19-20 / & 20-21 year...

Request suitable guidance on the above

Thanking you

V Swaminathan

Company Seeks Guidance on Paying Pending GST for Employee Meals (2017-2020) Under Factories Act; Considers DRC-03 Payment A company under the Factories Act is seeking guidance on paying pending Goods and Services Tax (GST) liabilities for food provided to employees and contract workers from 2017-2020. They inquire whether to issue tax invoices for cost recovery from employees and contractors or to pay the entire GST via DRC-03. Responses suggest paying the GST with interest through DRC-03 to avoid penalties, issuing invoices despite delays, and noting that partial payments from employees are taxable. References to specific sections of the CGST Act are provided for further clarity. (AI Summary)
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KASTURI SETHI on Nov 16, 2020

Pat tax along with interest through DRC-03 and avoid penalty. Although issuance of invoice is very late, yet it has to be issued year-wise. Read Section 73 (5) & (6) and Section 74 (5) & (6) of CGST Act.

KASTURI SETHI on Nov 17, 2020

Read, "Pay" instead of 'pat'.

KASTURI SETHI on Nov 17, 2020

No benefit of related person under Schedule-I is allowed regarding recovery from employee. If part payment is charged from employee, then such amount is taxable under Section 9 of CGST Act. Also see the difference between sub-sections of Sections 73 and 74.

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