2023 (11) TMI 210 - HC - GST

Taxable supply of service or not - employing certain expatriates and paying salary in the Indian currency - HELD THAT - The decision in the case of C.C.,C.E. S.T. BANGALORE (ADJUDICATION) ETC. VERSUS M/S NORTHERN OPERATING SYSTEMS PVT LTD. 2022 (5) TMI 967 - SUPREME COURT is in the peculiarities of that particular case and cannot be applied in the present case when it cannot be disputed that salary will not be a taxable supply of service. The interim order is granted as prayed for but with liberty to the respondents to seek vacation of this order - The office is directed to re-list this petition on 07.12.2023.

Summary

Issues involved: Grant of ad interim order based on the impugned show cause notice u/s C.C., C.E., & S.T. in light of the decision of the Hon'ble Supreme Court in a specific case.

Judgment Summary:

The petitioner's counsel argued that the impugned show cause notice was issued following a Supreme Court decision, but the circumstances of the present case are different. The petitioner employs expatriates, pays salaries in Indian currency, and covers social security costs due to their lien with an overseas company. It was contended that the Supreme Court decision cited is specific to a different case and cannot be directly applied here, especially considering that salary is not a taxable supply of service. The counsel further mentioned that any adjudication resulting from the show cause notice would make the writ petition irrelevant. Consequently, an interim order was granted, allowing the respondents the option to request its vacation.

The High Court Government Pleader was directed to accept notice for the respondents, who were given four weeks to complete their pleadings. The case was scheduled to be re-listed on 07.12.2023 for further proceedings.