Tax Management India. Com
                        Law and Practice: A Digital eBook ...

☞ Data-bank

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Articles News D. Forum
Highlights
What's New  Latest Cases 

Share:      

        Home        
 
Discussions Forum
Home Forum Goods and Services Tax - GST This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

← Previous Next →

Definition of turnover for Chit Funds for the purpose of arrive the tax liability under GST Act, 2017, Goods and Services Tax - GST

Issue Id: - 117595
Dated: 28-10-2021
By:- Veeresham Veerabomma
Definition of turnover for Chit Funds for the purpose of arrive the tax liability under GST Act, 2017

  • Contents

Respected Kasturi Sir,

This is in continuation your valuable reply with regard to Chit fund aggregate turnover.

Amount of commission is to be considered. Chit fund collection belongs to the subscribers and not to Foreman. Foreman does not lend his money dated 24-09-2021 by you.

Kindly share if any supportive judgments with regard to definition of aggregate turnover of chit fund companies. According to me only foreman commission is aggregate turnover for the purpose of levy of GST. In my clients case the department assertion is subscription receipts are exceeded threshold limit hence liable for registration. The revenue has allotted a temporary registration to the person/company and levied the GST on foreman commission.

profound regards.

Post Reply

Posts / Replies

Showing Replies 1 to 4 of 4 Records

1 Dated: 28-10-2021
By:- KASTURI SETHI

Dear Veeresham Veerabomma Ji,

Pl. let me know original Issue ID no. and date so that I may recall what I have already expressed.


2 Dated: 28-10-2021
By:- KASTURI SETHI

Sh. Veeresham Veerabomma Ji,

The department's stand is not correct. The following judgements of Supreme Court can help you :-

1. Shriram Chit Funds Vs. UOI 1993 (7) TMI 338 - SUPREME COURT

2. Banglore Turf Club Vs. Regional Diirector, ESIC (2014) 9 SCC 657 (SC) = 2015 (12) TMI 521 - SUPREME COURT.

You will not find explicit definition of aggregate value in this context. The SC has held that the funds of the chit fund belong to the entire lot of subscribers. This is sufficient to prove that taxable value is only commission and not the gross receipt. which belongs to the subscribers.

Also go through the definition of 'Chit Fund' provided in Chit Funds Act, 1982.

To ask to pay GST on the amount of subscribers is not correct at all. It is more than stretching the law.

Chit Fund is non-banking finance company and this service falls in the category of , 'Banking and Other Financial Services'. Comprehensive definition of this service can be seen in Service Tax law. This can also help you.


3 Dated: 29-10-2021
By:- Veeresham Veerabomma

the original issue ID No is 117511 dated 24-09-2021 which was raised by some one else. Mine also similar issue. Hence requested for case laws.

Thank you very much for your swift response sir.


4 Dated: 29-10-2021
By:- KASTURI SETHI

I traced out my reply from your date in the query. So I could reply immediately.


1

Post Reply

← Previous Next →

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Site Map - Recent || Site Map || ||