Gst on pay recovery

This query is : Resolved

Brijesh Bhatt (Querist)
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13 August 2022 Sir/ Mam
1. STARKE INDUSTRIES has guest house on various location in India which is utilized for both guest as well as for employee. During the course of business, an employee has to visit other unit of STARKE INDUSTRIES to discharge official duty. In this case, accommodation/room is made available to employee subject to nominal charge and such charge is reimbursed by STARKE INDUSTRIES.

Query:- Whether such nominal charge should be subject to GST?

2. STARKE INDUSTRIES has guest house in which employee is residing due to non-availability of quarter in the colony and certain amount is recovered from employee.

Query:- Whether GST is levied on recovery of such amount?

3. STARKE INDUSTRIES deduct certain amount from bill on the account of liquidated damage. Liquidated damage is deducted either due to violation of contract conditions or lack of quality works or delay in works.

Query:- In light of circular 178/10/2022-GST dated 3rd August,2022, Whether Liquidated damage, on account of above mentioned, should be subject to GST?

4. Notice pay recovery is recovered due to shortfall in notice time in case of resignation.

Query:- Whether such recovery is subject to GST in line with above mentioned circular i.e. circular 178/10/2022-GST

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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15 August 2022 1 GST applicable on such nominal charges.
2 Guest house rent GST applicable.
3 No GST applicable on liquidated damages.
4 GST not applicable on notice pay.

Payments such as liquidated damages for breach of contract, penalties under the mining act for excess stock found with the mining company, forfeiture of salary or payment of amount as per the employment bond for leaving the employment before the minimum agreed period, penalty for cheque dishonour etc. are not a consideration for tolerating an act or situation.

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