Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

GST on Hotel Agent commission portion or whole invoice value

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dear sir, BTC Ltd (Travel co.) purchase Hotel package service from TBO ( Travel boutique online) and TBO provides Hotel booking service and charges commission form BTC Ltd. E.g Hotel rate is Rs 10,000 and commission Rs 1000 (inc GST), Total Invoice Rs 11,000. Now BTC Ltd offer same service to individual customer and charges Rs 11,000(as above) plus 4000(Commission), total 15,000 plus GST (15000*18 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... %) i.e 17,700. Although owner of Hotel would have charged gst on hotel bill and TBO is also not charging GST on total value (Rs 11,000) BUT BTC Ltd is charging GST on Total value (Rs 15,000) although BTC should charge gst on commission part only being an intermediary. BTC gives justification that since he issue invoice to customer on his own name, he will charges gst on Gross value. Now question i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s whether BTC Ltd should charge GST only on commission portion (Rs 4000) or total value Rs. (15,000). Please clarify. Thanks a lot. - Reply By KALLESHAMURTHY MURTHY - The Reply = Sir, GST on the value of Ts. 11000-000 has been suffered to tax. It would be double taxation if BTC Ltd. charged GST on the same along with its commission. He has to collect tax on his commission only. Regards, This is my .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... personal opinion. - Reply By Shilpi Jain - The Reply = Agreement terms between hotel and BTC required to determine the tax liabilities. - Reply By SUBHASH JHA - The Reply = there is no agreement between BTC and various hotels at all. - Reply By Tarun Agarwalla - The Reply = dear sir the terms of contract is very important here. the primary question is the Hotel while charging 10,000, to whom it i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s raising invoice? if the GST on the hotel accommodation is over and above 10,000 then who is bearing its cost? appearing Rs 10,000 is inclusive of the cost of GST, and where the invoice is raised on TBO or BTC, anybody could be eligible to avail ITC. if that being the case to the extent of the GST amount TBO/ BTC would be enriched. where it is so defined that the hotel would raise the tax invoice .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... directly to the customer say 10000plus GST, then if customer is paying GST amount directly to hotel then BTC may raise the GST on value 5000, after taking credit of GST paid on Rs 1000 to TBO. if the arrangement is that the hotel would charge 10,000 plus Gst to BTC. and as TBO is charging 1000 plus Gst to BTC. BTC would finally raise invoice to customer 15000 plus GST and would take credit of all .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the GST. please support with fact to the above situations - Reply By KALLESHAMURTHY MURTHY - The Reply = Sri Tarun Agarwalla Ji, Sir, There are two parts of transactions. One is the payment for the food supply from the Hotel, which is supposed to be paid by the Agent collecting from the customers in advance. The second part is the Commission of the Agent for the supply of services to the Customer .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s on which he is required to discharge taxes. It is pertinent to note here that the Agent cannot avail of input tax on the food supply from the Hotel whether it is within the state or other states. In any agreement designed in any manner, the agent cannot take any advantage other than the agreed commission. With regards. This is my personal opinion on the issue - GST on Hotel Agent commission por .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion or whole invoice value - Query Started By: - SUBHASH JHA Dated:- 24-9-2024 Last Replied Date:- 26-10-2024 Goods and Services Tax - GST - Got 5 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates