GST Payable on Notice Pay Recovery ?
Legal provision involved : As per Section 7 of CGST Act, 2017 all supplies of goods or services or both made by a registered taxable person for consideration in course of furtherance of business attracts GST. However, Schedule I to CGST Act, 2017 provides that transactions between related parties in the course of furtherance of business are treated as supplies even if it is made without consideration. Explanation to Section 15 of CGST Act, 2017 provides that employer and employee are deemed to be related persons. Combined reading of afore-mentioned provisions suggests that the supply made by an employer to an employee is liable to GST even if it is made without consideration (except gifts up to INR 50,000). However, Schedule III of the CGST Act states that ‘services by an employee to the employer in the course of or concerning his employment’ are not considered as supply of goods or services. Therefore, employee remuneration is outside the purview of GST. ...