Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Law/2020-2021/3584

Whether recovery of parental insurance premium from employees considered as supply?
M/S ION TRADING INDIA PRIVATE LIMITED2020 (32) G.S.T.L. 608 (A.A.R. - GST - U.P.) dated 25.09.2019
Brief Facts:-The applicant is engaged in the business of software development which is exported to the overseas company. The applicant has the policy of providing group mediclaim coverage to all of its employees, their spouse and three children, cost of which is borne by the applicant. In addition to this, any employee can opt for mediclaim coverage for their parents also for which the employee has to pay an amount of Rs. 5,000/- for both the parents. The amount of premium recovered from the employee by the applicant is restricted to Rs. 5,000/- for both the parents and anything in excess of Rs. 5,000/- is bear by the applicant. Accordingly, the applicant pays the recovered amount to the insurance company against the increased insurance premium of next year’s insurance policy.
As per applicant, there would be no GST implication on the medical insurance premium paid by them for their employee, spouse and their children in terms of employee-employer relationship.
Issue-As regard to the mediclaim insurance of parents of the employee, the following questions have been posted by the applicant in its application :-
(i)    Whether amount recovered from the employees towards parental insurance premium payable to the insurance company would be deemed as “Supply of Service” by the applicant to its employees?
(ii)   If the first question is answered in affirmative, whether the value of aforesaid supply would be NIL, being provided in the capacity of a “Pure Agent”? If valuation is not accepted as NIL, what would be the value of such supply?
(iii)  If GST is payable on the such amount recovered from the employees, whether the proportionate GST paid by the applicant to insurance company towards parental insurance would be admissible as input tax credit against supply of insurance services for employees’ parents?
 
Applicant’s contentions: -It was submitted that as per their view they are in the business of development and export of software which is its business activity in terms of the definition of business in the Section 2(17) of the CGST Act. Facilitating insurance services for employees’ parents is definitely not an activity which is incidental or ancillary to the activity of developing software, nor can it be called an activity done in the course of or in furtherance of development of software as it is not integrally connected to the business in such a way that without this the business will not function and which will take the business activity forward. If mediclaim facility for employees’ parents is not provided, there will definitely be some inconvenience to the employees but it would not facilitate the business activity of developing software. Accordingly the applicant has concluded that facilitating the medical insurance for employees’ parents, is not an activity by them in the course of or in furtherance of its business of software development.
The applicant also paid reliance on the Advance Ruling pronounced by the Maharashtra Authority for Advance Ruling in the case of M/s. Posco India Pune Processing Center Private Limited[2019 (21) G.S.T.L. 351 (A.A.R. - GST) to vindicate their stand.
 
Reasoning of judgment: -After considering the submissions of the applicant, reference was made to the meaning of supply given under section 7(1) of the CGST Act, 2017, service under section 2(102) of the CGST Act, 2017 and business under section 2(17) of the CGST Act, 2017 in order to arrive at conclusion whether activity of providing mediclaim facility to parents of the employees is an activity “in course or furtherance of the business” of the applicant. It was held that the applicant is engaged in the business of development and export of software to the overseas company and not in the business of providing insurance services. The reliance placed on the decision given in the case of M/s. Posco India Pune Processing Center Private Limited[2019 (21) G.S.T.L. 351 (A.A.R. - GST) was accepted wherein it was held that amount recovered for making payment to insurance company for providing mediclaim facilities cannot be supply of service by employer under GST law.
Therefore, it was held that the recovery of premium amount from employee and subsequent deposit it with insurance company cannot be treated as supply of service in the course of furtherance of business. Providing insurance facility to employees’ parents is no where connected with the business of the applicant.
As answer to the first question was in negative, there is no need to answer the other questions raised by the applicant.  
COMMENT:-The entry no. 2 of Schedule I to the CGST Act, 2017 seeks to levy GST on supply of goods or services between related persons when made in the course or furtherance of business even if made without consideration. Furthermore, as per meaning of related person given in Explanation to section 15 of the CGST Act, 2017, employer and employees are considered as related persons. Hence, it is being interpreted that facilities provided by employer to the employees are liable to GST even if no consideration is involved in the said transactions. Accordingly, it is being opined that employer is liable to pay GST on canteen facilities provided to its employees except when the said facilities form part of the salary component of the employee. Reference may be made to decision given in the case of CALTECH POLYMERS PVT. LTD. [2018 (18) G.S.T.L. 373 (AAAR-GST)]. It is on account of this confusion that question regarding liability to pay GST on mediclaim premium recovered from employees was raised in the present application. However, the AAR has correctly held that such activity is not supply of service by employer to employee and is not liable to GST. Now, the question arises is whether the ratio of the present ruling cannot be applied in case of canteen facilities provided by employer to employee as the said facility is also not in the usual course of business of the employer. The government should come up with suitable clarification at the earliest possible so that confusion created by contrary decisions is settled.  
Prepared By- CA Neetu Sukhwani
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com