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Input credit of RCM -GST paid on notice pay recovery

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(Querist)
25 April 2022 Hi All

Whether employer can claim ITC on GST paid on RCM basis on notice pay recovery?

Thanks in advance.
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
25 April 2022 No need to pay GST under RCM.
Court rulings are there GST not applicable on such recovery. Amend GST return.

Order of Commissioner (Appeals) in case of M/s. Gujarat State Fertilizers & Chemical Ltd – It held that cessation of employment is treated as employment service not liable for the GST.

Allahabad CESTAT in case of M/s. HCL Learning Systems Vs CCE, Noida – It held that the amount recovered out of salary already paid is not subject to GST.
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