9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (8) TMI 234 - AAR - GSTTaxability under GST - penalties, late fees/penal interest, fine of the nature, levied and collected by RBI, for contravention or violation of provisions of Law - penalty of the nature for non-performance or under-performance as per contractual agreement by RBI with third party vendors. Penalties, late fees/penal interest, fine of the nature, levied and collected by RBI, for contravention or violation of provisions of Law - HELD THAT - Penalty, late fees, penal interest, fine etc. levied and collected by RBI for contravention or violations of various laws administered by RBI are for the purpose of maintaining discipline and deterrence in the regulatee banks, non-banking financial institutes other institutes. Therefore, squarely are covered by explanation given para 7.4 of the aforesaid circular and as explained in the FAQ referred above as answer to question no. 49. The principal laid down in the circular is applicable to the penalties etc. levied by RBI for contravention of provisions of law as stated in para 1.4. The circular is binding and hence are of the opinion that these activities are not in the nature of a consideration for an activity and hence, would not constitute a supply of service, service. Penalty of the nature for non-performance or under-performance as per contractual agreement by RBI with third party vendors - HELD THAT - The penalty of the nature for non-performance or under-performance as per contractual agreement by RBI with third party vendors. It is in nature of liquidated damages and the amount is paid only to compensate for injury, loss or damage suffered by the RBI due to breach of the contract. RBI is interested in getting services within stipulated time lines and not collecting penalty. The principal laid down in the circular is applicable to these penalties in nature of liquidated damages levied by RBI on third party vendors for non-performance or under-performance as per contractual agreement - these activities are not in the nature of a consideration for an activity and hence, would not constitute a supply of service, service.
Issues Involved:
1. Taxability of penalties, late fees/penal interest, and fines levied by RBI for contravention or violation of provisions of law under GST. 2. Taxability of penalties for non-performance or under-performance as per contractual agreements by RBI with third-party vendors under GST. Detailed Analysis: Issue 1: Taxability of penalties, late fees/penal interest, and fines levied by RBI for contravention or violation of provisions of law under GST 1. Facts and Contentions of the Applicant: - The Reserve Bank of India (RBI) is a statutory body constituted under the Reserve Bank of India Act, 1934. - RBI acts as the central bank of India, regulating the banking and financial system, and performing monetary policy functions. - RBI administers various Acts and levies penalties, late fees, and fines for contraventions or violations of these laws. - Examples of such penalties include those for non-maintenance of CRR and SLR by banks, late submission fees under FEMA, and penalties for unlawful access of credit information. 2. Applicant's Interpretation of Law: - RBI argues that such penalties are not taxable under GST as they do not constitute consideration for any supply. - Reference is made to CBIC Circular No. 178/10/2022-GST dated 03 August 2022, which clarifies that penalties imposed for violation of laws are not consideration for any supply and hence not taxable. - The penalties are intended to deter violations and maintain discipline, not to tolerate violations. - RBI also cites FAQs issued by CBIC and judicial pronouncements supporting the non-taxability of such penalties. 3. Submission of the Jurisdictional Officer: - The officer concurs with RBI's interpretation, citing the same CBIC Circular and concluding that such penalties do not constitute consideration for a supply. 4. Findings and Decision: - The authority reviewed the CBIC Circular and relevant legal provisions. - It was concluded that penalties, late fees, and fines levied by RBI for contraventions of laws are not taxable under GST as they do not constitute consideration for any supply. - Decision: Penalties, late fees, penal interest, and fines levied and collected by RBI for contravention or violation of provisions of law are not taxable under GST. Issue 2: Taxability of penalties for non-performance or under-performance as per contractual agreements by RBI with third-party vendors under GST 1. Facts and Contentions of the Applicant: - RBI engages third-party vendors for various services and imposes penalties for non-performance or under-performance as per contractual agreements. - Example provided includes a contract with M/s Giesecke and Devrient India Pvt Ltd, where penalties are imposed for system downtime beyond permissible limits. 2. Applicant's Interpretation of Law: - RBI argues that such penalties are akin to liquidated damages and are not taxable under GST. - Reference is made to CBIC Circular No. 178/10/2022-GST dated 03 August 2022, which clarifies that liquidated damages paid to compensate for loss or damage due to breach of contract do not constitute consideration for a supply. - RBI also cites judicial pronouncements supporting the non-taxability of such penalties. 3. Submission of the Jurisdictional Officer: - The officer concurs with RBI's interpretation, citing the same CBIC Circular and concluding that such penalties do not constitute consideration for a supply. 4. Findings and Decision: - The authority reviewed the CBIC Circular and relevant legal provisions. - It was concluded that penalties for non-performance or under-performance as per contractual agreements are in the nature of liquidated damages and are not taxable under GST. - Decision: Penalties for non-performance or under-performance as per contractual agreements by RBI with third-party vendors are not taxable under GST. Order: - Question 1: Whether the penalties, late fees/penal interest, fine of the nature, levied and collected by RBI, for contravention or violation of provisions of Law are taxable under GST? - Answer: No. - Question 2: Whether the penalty of the nature for non-performance or under-performance as per contractual agreement by RBI with third-party vendors are taxable under GST? - Answer: No.
|
