Discuss the provisions of GST laws in respect of the following circumstances: W Ltd. provides consultancy services without consideration to V Ltd. in which W Ltd. has holding rights. These technical services have been pr

CS Professional · Advanced Tax Laws · PYQS · June 2021
Discuss the provisions of GST laws in respect of the following circumstances: W Ltd. provides consultancy services without consideration to V Ltd. in which W Ltd. has holding rights. These technical services have been provided for the benefit of the entire group. Analyse the taxability of the service to determine whether it consitutes a supply under GST.

Answer & Explanation:

As per section 7(1) (c) read with schedule I of Central Goods and Services Tax Act, 2017 supply of goods or services between related person is treated as supply even if it is without consideration. As per explanation to Section 15 of Central Goods and Services Tax Act, 2017 person shall be deemed to be related persons if one of them directly or indirectly controls the other. Since, W Ltd. holds rights of V Ltd., they will be treated as related person and the said transaction will qualify as supply even though no consideration is involved.

Topics: GST - Supply

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