Case Law Details
In re Dishman Carbogen Amcis Ltd. (GST AAR Gujarat)
Whether it is required by the applicant to charge GST on the amount collected from the employees towards canteen charges?
applicant has arranged a canteen for its employees, which is run by a third party Canteen Service Provider. As per their arrangement, part of the Canteen charges is borne by the applicant whereas the remaining part is borne by its employees. The said employees’ portion canteen charges is collected by the applicant and paid to the Canteen Service Provider. The applicant submitted that it does not retain with itself any profit margin in this activity of collecting employees’ portion of canteen charges. This activity carried out by applicant is without consideration.
GST, at the hands on the applicant, is not leviable on the amount representing the employees portion of canteen charges, which is collected by the applicant and paid to the Canteen service provider.
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Wrong conclusion. Employer and employee are related parties and therefore consideration is not a criteria. GST should be applicable not on the value collected and given to contractor but the fair/open market value.