Employee recoveries for canteen and transportation facilities...
Employee recoveries, input tax credit and notice pay recovery under GST: AAR distinguishes taxable supplies from non-taxable perquisites and penalties.
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Case Laws New
Ref Provisions New
Plus +
Source NTF
Summary
Similar
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
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.
Employee recoveries for canteen and transportation facilities were treated as taxable supplies to the extent amounts were recovered, because the employer's provision of these facilities was incidental to business and the recovery constituted consideration; the employer-borne concessional portion was treated as a non-taxable perquisite under the employment contract. Input tax credit was denied on employee transportation as a service used for personal consumption, and canteen credit was also denied because the canteen contractor supplied restaurant service at the concessional rate without input credit. Notice pay recovery was held outside GST, as it was treated as a contractual deterrent or penalty rather than consideration for tolerating an act.
Note: It is a system-generated summary and is for quick reference only.