Meenakshi, Executive Director of M/s CTC Private Limited provided the following services and supplies to the company during the financial year ending 31.03.2024: (i) Directors Sitting Fees received ₹ 55,000 subject to TD

CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · June 2024
Meenakshi, Executive Director of M/s CTC Private Limited provided the following services and supplies to the company during the financial year ending 31.03.2024: (i) Directors Sitting Fees received ₹ 55,000 subject to TDS under section 194J of Income Tax, 1961. The company has approached CS Laxman, Legal advisor of the company to advise on the applicability of Forward or Reverse Charge in the above cases. Elucidate.

Answer & Explanation:

As per CBIC Circular No. 140/10/2020 dated 10.06.2020 it is 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 Income Tax 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 CGST Act, and is therefore taxable. Further, in terms of Entry 6 of notification No. 13/2017 - Central Tax (Rate) 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.

Topics: Goods and Services Tax (GST)

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