285 Points
Joined April 2020
Whether gst applicability and RCM varies between remuneration and salary paid to a director.
"Do the Right Thing...!!!"
128116 Points
Joined January 2015
If the director treat as employee them no need to pay GST under rcm basis...
Company Secretary
34368 Points
Joined December 2014
In the recent AAR
The services rendered by the Director to the company for which consideration is paid to them in any head is liable to pay GST under RCM (Reverse Charge Mechanism),
Read more at: https://www.caclubindia.com/articles/gst-on-remuneration-paid-to-directors-41004.asp
"Do the Right Thing...!!!"
128116 Points
Joined January 2015
If You want to take decision through articles then just go to the another one @ Mr CS Lalit Rajput.,
https://www.caclubindia.com/articles/gst-on-directors-remuneration-41026.asp
Company Secretary
34368 Points
Joined December 2014
It's just about clarification Mr. Raja. What is given in Latest order of AAR, I stated. I am having several articles too. Before article link, wordings also written there Sir.
"Do the Right Thing...!!!"
128116 Points
Joined January 2015
Yes Dear...
As per the above give with GST provisions GST not applicable for paying salary / remuneration to directors as employee...
(May be the latest AAR is wrong or can be apply to higher authorities - it's my view only)
Company Secretary
34368 Points
Joined December 2014
I am agreed with you sir
even after this AAR
The Question still exists:
Whether all the services provided by the director shall be covered by the RCM provisions or RCM is only restricted to the services provided by a director in the capacity of a director?
"Do the Right Thing...!!!"
128116 Points
Joined January 2015
Yeah...
Dear, As per the AAR and it's details says rcm applicable all...
But,
As per GST act (as Mr Rohit Kumar Singh article) Rcm not applicable for director dealt as employee in the company...
Company Secretary
34368 Points
Joined December 2014
Let's wait for the more clarification from gst department as this is very important topic
"Do the Right Thing...!!!"
128116 Points
Joined January 2015
As per my view GST dept can't take voluntary by the matter AAR.
In case the company will be take it to higher officer or next level claim them it can be as salary matter...
GST Practitioner
55062 Points
Joined June 2017
AAR Ruling is applicable only on the petitioner who sought for it.
Moreover the petitioner can further file application to AAAR
Student
23688 Points
Joined November 2017
I agree with Mr Pankaj Sir.
The ruling given by the Rajasthan Authority of Advance Ruling is applicable only on the petitioner i.e. Clay Crafts India Pvt Ltd.
But many Indirect Tax expert is of the view that the ruling is absurd, wrong and does not matches with the Provisions of the GST Law.
As per Para 1 of SCHEDULE III of the CGST Act 2017, Salary is out of the purview of GST ( i.e No Supply ).
And also TDS u/s 192 of the Income Tax Act 1961 is being deducted from the Salary of the Director.
GST Practitioner
55062 Points
Joined June 2017
Yes .... Mr. Shivam it's not many tax expert but Every Tax Expert is of the view that ruling is absurd.
()