Loading...

⚠ โœ•
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice โ€” FREE ๐ŸŽ‰ โœ•

150 credits ยท 30 days

โ€ข Basic Search โ†’ 1 Credit
โ€ข Advanced Search โ†’ 3 Credits
โ€ข Drafter โ†’ 20 to extract + 25 per issue
(โ‰ˆ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo โ†’
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedbackโœ•

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

2025 (1) TMI 464

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rred to as the 'CGST Act, 2017' and the 'GGST Act, 2017') are pari materia and have the same provisions in like matter and differ from each other only on a few specific provisions. Therefore, unless a mention is particularly made to such dissimilar provisions, a reference to the CGST Act, 2017 would also mean reference to the corresponding similar provisions in the GGST Act, 2017. 2. The present appeal has been filed under Section 100 of the CGST Act, 2017 and the GGST Act, 2017 by The Assistant Commissioner, CGST, Ahmedabad North Commissionerate (hereinafter referred to as Appellant) against the Advance Ruling No. GUJ/GAAR/R/2022/22 dated 12.4.2022. The appeal is filed in terms of the authorization under Rule 106 (3) (a) of the CGST Rul....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... used in relation to furtherance of business? If yes, would the same be restricted to the portion of cost borne by the Applicant? 5. Consequent to hearing M/s. Emcure Pharmaceuticals Ltd., the Gujarat Authority for Advance Ruling [GAAR], recorded the following findings viz รขโ‚ฌยข that M/s. Emcure arranged a canteen service provider [CSP]; รขโ‚ฌยข that part of the canteen charges is borne by M/s. Emcure whereas the remining part is borne by its employees; รขโ‚ฌยข the employees portion of canteen charges is collected by M/s. Emere & paid to the CSP; รขโ‚ฌยข M/s. Emcure has arranged free of cost transportation facility to its employees in non-AC buses which is provided by third party vendor as part of its HR pol....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....port provided by M/s. Emcure; รขโ‚ฌยข that on one hand GAAR held that GST is not leviable on Emcure on free bus transportation while on the other hand it was held that ITC on GST paid on hiring bus, is admissible; รขโ‚ฌยข that in terms of section 16 (2) (c), ibid, ITC is not entitled unless the tax charged in respect of such supply has actually been paid; รขโ‚ฌยข ITC is admissible only when GST at appropriate rate is paid by M/s. Emcure to third party service providers; รขโ‚ฌยข that since the respondent does not recover any amount from its employees for bus transportation, there is no employer-employee relationship; รขโ‚ฌยข that the portion of the ruling which states that GST at the hands of M/s. Emcure is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ider will be exempted from GST which seems to be incorrect interpretation; รขโ‚ฌยข That they had not sought advance ruling for GST exemption by the service providers engaged in bus transportation of the employees; รขโ‚ฌยข that the service providers levy GST; รขโ‚ฌยข that this facility is provided free of cost; รขโ‚ฌยข that the advance ruling is only to the extent of levy of GST by Emcure in this case not for levy of GST by the service providers; รขโ‚ฌยข that as recipient of the services from third party for bus transportation, GST has been charged by the service provider and paid by the respondent, for which they had not sought exemption of GST. FINDINGS 9. We have carefully gone through and consider....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hen procured by the employer. 12. On going through the impugned ruling, we find that the respondent has arranged free of cost transportation facility to its employees in non -AC bus, which is provided by a third party vendor, as a part of its HR policy and as per employment agreement. These facts are not in dispute. This issue stands clarified by the clarification issued vide circular no. 172/4/2022-GST dated 6.7.2022, the relevant portion of which is extracted below for ease of understanding Perquisites provided by employer to the employees as per contractual agreement 5. Whether various perquisites provided by the employer to its employees in terms of contractual agreement entered into between the employer and the employee are....