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- Whether penal interest charged due to default in repayment of EMI is leviable to GST ?
Whether penal interest charged due to default in repayment of EMI is leviable to GST ?
Issue Favourable to Tax Payer ?:- no
Held - The collection of defaulted / delayed instalments is a service performed by the foreman in relation to a chit. The appellant has been attempting to divert attention from this fact by bringing in the concept of actionable claims, etc. As seen from the law on Chits cited, it is clearly evident that it is the job of the foreman to collect defaulted instalments for which the penal interest of 18% as per law is collected by him and he is fur.....
Issue Favourable to Tax Payer ?:- no
Held - We find that the exemption for financial transactions under GST laws is only in respect of the interest/discount earned or paid for loans, deposits or advances. If the transaction, as in the subject case deviates from the above the same fails the test of being a “loan”, ‘“deposit” or “advance”, or the consideration is not an interest or discount, the exemption is not admissible. In the subject case the amount of penal char.....
Issue Favourable to Tax Payer ?:- yes
Held - We find that the extension of loan by the applicant (DCA) to the customers is a transaction separate from the transaction of supply of goods by the principal to the customers against consideration wherein the applicant (DCA) also gets the commission from the principal.
We find that the interest received by the applicant is consideration towards loan extended to the customers and such interest is not towards the payment of consider.....
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