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Goods and Services Tax

GST payable on commission from website users, pundits or Brahmins

Case Law Details

TaxGuru Citation
2018 taxguru.in 2235
Case Name
In re Sadashiv Anajee Shete (GST AAR Maharashtra)
Date of Judgement/Order
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In re Sadashiv Anajee Shete (GST AAR Maharashtra)

In the present case we find that applicant and recipient are not related persons and price received is sole consideration. We further see that these services are given by the applicant in his business models to choose the type of model. In all the three business models we find that consideration is first received by him on online as a whole and thereafter major part of it, is given to Pundits who are having an agreement with the applicant to provide their services as and when it is requisitioned but they are not the applicant’s employees but are providing their services independently. The actual basic services like puja , abheshek etc are performed by the pundits or Brahmins which are exempted by nature of notification issued under GST ACT. The commission portion is received to the applicant out of total consideration received online from the service recipient. As per the provisions of law the commission is the supply of service and it would be the value on which he would be liable for GST on the Applicant would be liable to pay GST on the value of commission received from website users not total amount received.

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