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GST - Highlights / Catch Notes

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Taxability of Personal Guarantee and Corporate Guarantee in GST ...


Are Corporate Guarantees Taxable Under GST? Court Examines Validity of Circular and Legal Precedents in Ongoing Case.

March 30, 2024

Case Laws     GST     HC

Taxability of Personal Guarantee and Corporate Guarantee in GST - Corporate Guarantees provided by a holding company to its subsidiary under the Central Goods & Service Tax Act, 2017. The petitioner sought a declaration that such activity does not constitute a taxable supply of services. Arguments were presented regarding the validity of a Circular issued by the Central Board of Indirect Taxes & Customs, interpretation of previous legal precedents, the impact of recent amendments, and the nature of Corporate Guarantees as contingent contracts. The High Court allowed time for further submissions from both parties and directed no coercive action against the petitioner until further proceedings. - Matter listed for next date.

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