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Revenue sharing arrangement under gst

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..... Revenue sharing arrangement under gst
Query (Issue) Started By: - SIVARAMA KUMAR Dated:- 15-11-2019 Last Reply Date:- 19-11-2019 Goods and Services Tax - GST
Got 9 Replies
GST
Whether Revenue sharing (not profit sharing) is taxable under Gst or it is considered as money transaction or is it a non gst activity. Please offer your comments. Reply By Ganeshan Kalyani: The Reply: In my .....

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..... view, it is taxable. GST is on supply. Reply By Himansu Sekhar: The Reply: Please elaborate with example Reply By Atul Rathod: The Reply: In service tax there was a view that revenue sharing would be on principle to principle basis therefore there would not be exact service. but in GST it would be taxable. Further request you to elobrate your query to give specific answer. Reply By KASTURI S .....

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..... ETHI: The Reply: In Service tax regime, revenue sharing was exempted service. Reply By SIVARAMA KUMAR: The Reply: For example if you provide a consultancy service to your client on which you charge 60% of the total revenue generated by the client ( he pays Gst for the entire revenue generated). In this case the revenue is shared only by the dealer with his counter part ( consultant), Will the c .....

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..... onsultant raise an invoice to claim the consideration from the dealer in the form of invoice, if so what is the rate of Gst applicable or will it be a money to money transaction as exempted under service tax regime. or will it be proper to claim the expenses under section 37 of the income tax act . Please offer your comments Reply By Himansu Sekhar: The Reply: You are providing a service and ge .....

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..... tting consideration which is in the form of a share of the total income. You will pay service tax before 01.07.17 and afterwards you will pay GST. Reply By KASTURI SETHI: The Reply: Revenue sharing is taxable under GST. HSN 999799. In Service Tax regime, it was classified under the category of BAS and as per para no.11 of Board's Circular dated 13.12.11 (appended below), leviability of Serv .....

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..... ice Tax on revenue sharing was determined on the nature of transaction. Board's circular and different case laws are given below for arriving at correct decision. Distributors/Sub-distributors of firms & exhibitors of movie - Clarification of Circular No. 148/17/2011-S.T., dated 13-12-2011 2018 (14) G.S.T.L. 546 (A.A.R. - GST) = 2018 (7) TMI 835 - AUTHORITY FOR ADVANCE RULINGS, KARNATAKAIN .....

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..... RE : UNITED BREWERIES LTD. 2019 (27) G.S.T.L. 257 (Tri. - Mumbai) = 2018 (5) TMI 1470 - CESTAT MUMBAI SADHANA EDUCATIONAL & EMPOWERMENT FOUNDATION Versus C.C.E., PUNE-III 2016 (41) S.T.R. 208 (Tri. - Mumbai) = 2015 (8) TMI 642 - CESTAT MUMBAI CENTRE FOR DEVELOPMENT OF ADVANCE COMPUTING Versus C.C.E., PUNE Reply By SIVARAMA KUMAR: The Reply: Thanks seith sir for your elaborate findings and refe .....

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..... rences. Reply By Ganeshan Kalyani: The Reply: In GST the scope of applicability of GST is widen . At the same time the scope of claiming input tax credit is also widen.
Discussion Forum - Knowledge Sharing .....

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