The latest ruling given by the Rajasthan Authority for Advance Ruling will be applicable only for the applicant i.e. Clay Crafts India Pvt Ltd.
We all know about the validity of the ruling . It does not matches with the Provision and Rules of the GST Act.
As per Para 1 of SCHEDULE III of the CGST Act 2017, "Salary is out of the purview of GST. "
And as per Notification No. 13/2017 - Central Tax ( Rate ), dated 28.06.2017, Services supplied by a Director of a Company or a body corporate to the said company or body corporate is taxable under "REVERSE CHARGE MECHANISM" ( RCM ) Basis under Section 9(3) of the CGST Act 2017.
These services includes Director's Board Meeting sitting fees etc. But not on Remuneration.
Therefore , as per the Law, GST is not applicable on Remuneration.
I hope the ruling will be challanged by the applicant in the AAAR for further clarification.
Where salary/remuneration received by director is in capacity of employee no GST chargeable. However the complete situation depends on a lot of factors including contractual terms.
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