In a current ruling, the Gujarat Authority for Advance Ruling (AAR) stated that GST will not be relevant on the quantity collected from the staff in direction of canteen fees, which is paid to the canteen service supplier.
Tax consultants say this has been a difficulty of debate amongst a number of firms which have to offer meals canteens as a part of the prevailing legislation.
Most often, a token quantity is collected from the staff.
The AAR dominated that in circumstances the place the corporate will not be making any income on this quantity and merely appearing as an middleman, GST can’t be levied.
In earlier two AAR rulings, a special view was taken by two totally different authorities.
Within the case of Tata Motors, the AAR had dominated that GST will not be relevant on such an quantity whereas within the case of Amneal Prescribed drugs, a opposite view was taken within the ruling.
“The supply of canteen companies for workers and GST fee thereon has been a matter of debate throughout the business and numerous rulings have been pronounced in favour of and towards the applicant within the stated matter,” stated Rakesh Nangia, managing companion of Nangia Andersen India. “Within the backdrop of differing opinions from numerous authorities, acceptable clarification from the Central Board of Oblique Taxes and Customs might put to relaxation this challenge and allow the business to undertake an accurate clear view.”
GST on the canteens and the enter tax credit score out there to the businesses has additionally induced confusion earlier.
In 2018, the federal government had stated that banks may take enter tax credit score of life insurance coverage premiums paid by safety guards, hospitals can take credit score of medical insurance coverage premium paid by nurses and corporations can take credit score of canteen charges charged to labourers.
Enter tax credit score is a mechanism the place a part of the GST paid by an organization or a financial institution on enter companies or uncooked materials may be set off towards future tax liabilities.
But, the federal government clarification additionally meant that GST could possibly be utilized on canteen fees in sure circumstances. Tax consultants level out that the exception signifies that any service offered by any employer that is mandated by the legislation will probably be eligible for an enter tax credit score.
The current AAR ruling takes it a step additional. The AAR ruling signifies that any service offered by an employer with out an intention to make revenue ought to be outdoors the gamut of GST.