Centre begins review of legal issues in GST
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Synopsis
The review is aimed at clearing the air on issues such as whether services provided by back offices of multinational companies in India qualify as exports, which are zero-rated and therefore don’t face tax.
Agencies
“The idea is to iron out any legal issues to make the regime simpler, as was intended,” said the official.
The Centre has begun a comprehensive review of the goods and services tax (GST) law, as well as various rules pertaining to the levy, to provide clarity on issues that have cropped up since it was rolled out in July 2017. The review is aimed at clearing the air on issues such as whether services provided by back offices of multinational companies in India qualify as exports, which are zero-rated and therefore don’t face tax.
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Reimbursement by Indian Company to Offshore Company for Obligated Expenses in Relation to Expatriates Not FTS: AAR Thursday, July 1, 2021
Reimbursement held not to be fees for technical services as there was employer-employee relationship between the Indian company and expatriate personnel.
Payments made to reimburse obligated expenses such as social security contributions, insurance and relocation expenses held to be reimbursement since they do not accrue to the offshore company.
The Mumbai bench of the Authority for Advance Rulings (“AAR”), held that reimbursement made by an Indian company, to a foreign company for certain obligatory payments made to expatriate personnel (“Personnel”) on behalf of the Indian company, would not be taxable as fees for technical services (“FTS”).1 In doing so, the AAR distinguished from the Delhi High Court’s (“Delhi HC”) ruling in Centrica Offshore v. CIT.2
May 04, 2021
In its application, the club said that it was collecting GST on subscription fee and infrastructure development fund from members
In its application, the club said that it was collecting GST on subscription fee and infrastructure development fund from members×
But says waiver willend once Finance Act amendment is notified
The 153-year-old Bengaluru-based club, Bowring Institute, has got a respite from paying Goods & Services Tax on fees and infrastructure development fund collected from its members, with the Authority for Advance Rulings giving a favourable order.
However, this will be subject to amendments as and when notified in GST law proposed in Finance Act 2021.
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