GST is applicable on payment of notice pay recovery, medical insurance policy and telephone charges from an employees


Quick Summary
The AAR in Madhya Pradesh has ruled that Goods and Services Tax (GST) is applicable on amounts recovered from employees for notice pay, medical insurance premiums, and telephone charges. Furthermore, employers cannot claim Input Tax Credit (ITC) on canteen services provided to employees, even if these services are provided free of charge.

Court :
AAR, Madhya Pradesh

Brief :
The AAR, Madhya Pradesh in the matter of M/S. Bharat Oman Refineries Limited [Advance Ruling Order No. 02/2021 dated June 7, 2021] held that, GST is applicable on payment of notice pay by an employee to employer in lieu of notice period and telephone charges, Group Medical Insurance Policy ("the Policy") recovered from employees and free of cost canteen facility provided to employees. Further, Input Tax Credit ("ITC") is not available with respect to canteen services provided by the employer to their employees.

Citation :
Advance Ruling Order No. 02/2021 dated June 7, 2021

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Judgement posted by

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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