Whether GST is leviable on employee recoveries ?
TRT-2026-687

Issue Favourable to Tax Payer ?:- no

Held - The applicant supplies food to their employees at a nominal cost, and the same is the consideration for such supply made by the applicant on which GST is liable to be paid. The recovery of cost from the salary as deferred payment does not alter the fact of the service provided and the person providing the said supply. The third party vendor has entered into agreement with the applicant for running of canteen in their unit and is paid se.....

TRT-2026-624

Issue Favourable to Tax Payer ?:- yes

Held - Notice pay does not result into the provision of service by either party, it is sort of compensation either to employee or employer and not a consideration. It is a safety valve sort of option to both the parties i.e. if one of the party frustrate the employment contract either by reneging or by failing to perform. It is the employee who is the service provider and service supplied by him in the course of its employment is excluded from.....

TRT-2026-508

Issue Favourable to Tax Payer ?:- yes

Held - The Provision of Services of transports and canteen facility to its employees is as per the contractual agreement between the employee and the employer in relation to the employment. As cited in the above referred provisions of scheduled III and the clarification issued vide Circular No. 172/O4/2022-GST dated 06-07 -22. the provision of the services of transportation and canteen facility cannot be considered as supply of goods or servic.....

TRT-2026-281

Issue Favourable to Tax Payer ?:- yes

Held - M/s Cadila has arranged a canteen for its employees, which is run by a Canteen Service Provider. As per their arrangement, part of the Canteen charges is borne by M/s. Cadila whereas the remaining part is borne by its employees. The said employees’ portion canteen charges is collected by M/s. Cadila and paid to the Canteen Service Provider. M/s. Cadila submitted that it does not retain with itself any profit margin in this activity of.....

TRT-2026-282

Issue Favourable to Tax Payer ?:- yes

Held - M/s. Emcure has arranged a canteen for its employees, which is run by a Canteen Service Provider. As per their arrangement, part of the Canteen charges is borne by M/s. Emcure whereas the remaining part is borne by its employees. The said employees’ portion canteen charges is collected by M/s. Emcure and paid to the Canteen Service Provider. 

M/s. Emcure has arranged free of cost transportation facility to its employees in .....

TRT-2026-283

Issue Favourable to Tax Payer ?:- yes

Held – The appellant, in the given case, does not provide any service in the form of “tolerance of an act” but facilitates the employee for sudden exit from the employment services. The termination clause of the “Appointment Letter” provides simply cessation of employment services and to compensate loss to either of the parties due to sudden termination. The appellant and its employee enter into contract to receive and supply employm.....