Reimbursement of retrenchment compensation

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Hello all,

I am working as a contractor in a factory from last 10 years and now the factory is sold to another company due to no work and our services has been terminated from immediate effect. So we plead to the old management about the problems we will face & hence the management decided to reimburse the retrenchment compensation payable for the employees employed by us for execution of contract service. The management is asking us to give a bill of supply or anything but not a tax invoice under GST, as according to them GST is not chargeable on the reimbursement of retrenchment compensation on closure of work. (reimbursement will be as per actuals). However the company has deducted TDS u/s. 194C on such reimbursements.

My query is: - 1) Whether the management is correct and should i raise a voucher or any other document in lieu of payment receiveable? 2) Whether this amount will form part of my GSTR3B & GSTR1? a) if yes then where to show it? or b) If no then there will be mismatch between my GSTR & Form 26AS & ITR?

Please reply at an earliest.

Thanks & Regards.

 

Replies (3)
Already you have raised any bills the management is asking for previous services
Bill of supply is issued by composition dealer only
and if you are registered as a regular person under gst than you have to issue tax invoice
and if you are unregistered person under gst you may issue recipt voucher

Thanks Krisshnan KP sir. Yes it is for previous services and even if i raise GST invoice the company is not going to pay for the same as clarified by them. In that case should i raise invoice on my own & pay GST on it?


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