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TMI BlogClarification in respect of levy of GST on Director’s remunerationX X X X Extracts X X X X X X X X Extracts X X X X ..... er the ambit of entry in Schedule III of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the WBGST Act) i.e. services by an employee to the employer in the course of or in relation to his employment or whether the same are liable to be taxed in terms of notification No. 1137-F.T. dated 28.06.2017 (entry no.6). 2. The issue of remuneration to directors has been examined under following two different categories: (i) leviability of GST on remuneration paid by companies to the independent directors defined in terms of section 149(6) of the Companies Act, 2013 or those directors who are not the employees of the said company; and (ii) leviability of GST on remuneration paid by companies to the whole-time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for the said services, are clearly outside the scope of Schedule III of the WBGST Act and are therefore taxable. In terms of entry at Sl. No. 6 of the Table annexed to notification No. 1137-F.T. dated 28.06.2017, the recipient of the said services i.e. the Company, is liable to discharge the applicable GST on it on reverse charge basis. 4.3 Accordingly, it is hereby clarified that the remuneration paid to such independent directors, or those directors, by whatever name called, who are not employees of the said company, is taxable in hands of the company, on reverse charge basis. Leviability of GST on remuneration paid by companies to the directors, who are also an employee of the said company 5.1 Once, it has been ascertai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s employment in terms of Schedule III of the WBGST Act, 2017. 5.4 It is further clarified that the part of employee Director s remuneration which is declared separately other than salaries‟ in the Company s accounts and subjected to TDS under Section 194J of the IT Act as Fees for professional or Technical Services shall be treated as consideration for providing services which are outside the scope of Schedule III of the WBGST Act, and is therefore, taxable. Further, in terms of notification No. 1137-F.T. dated 28.06.2017, the recipient of the said services i.e. the Company, is liable to discharge the applicable GST on it on reverse charge basis. 6. Difficulty, if any, in the implementation of the above instructions may please ..... X X X X Extracts X X X X X X X X Extracts X X X X
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