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GST - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Levy of GST - payment of notice pay by an employee to the ...


GST Applies on Employee Notice Pay Under Para 5(e) of Schedule II; Leaving Without Notice is a Taxable Service.

December 8, 2021

Case Laws     GST     AAR

Levy of GST - payment of notice pay by an employee to the applicant-employer in lieu of notice period - There can be no dispute about this fact that the applicant as employer is tolerating the act or situation whereby the employee is not giving the notice for the agreed period of 30 days before leaving the service of the applicant-company. Thus, by relieving an employee without notice period or by accepting a shorter notice period, the applicant is tolerating an act or a situation created by such action of the employee, and therefore, it is covered by Para 5(e) of Schedule II, and is a supply of service liable to tax. - AAR

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