GST Circular No. 201/2023 – Clarifications regarding applicability of GST on certain services

GST Circular No 201/2023

(i) Clarification provided for services provided by a director of a company or body corporate in their private or personal capacity, such as renting immovable property to the company or body corporate, are not taxable under Reverse Charge Mechanism (RCM). However, services rendered by the director as part of their official capacity or in the role of a director to the company or body corporate shall be taxable under RCM and subject to GST. This clarification aims to differentiate between taxable services provided personally by directors and those offered in their capacity as directors to the company or body corporate.

(ii) Food or beverage supply in a cinema hall is taxable as ‘restaurant service’ if provided as part of a service and independent of the cinema exhibition service. If cinema ticket sales and food/beverage supply are bundled and form a composite supply, the entire supply will be taxed at the

GST rate applicable to the cinema exhibition service, considered as the principal supply. This clarification aims to specify the tax treatment of food and beverage supplies in cinema halls and their taxation when bundled with cinema ticket sales under the GST framework.

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Swati Ajmera
Swati Ajmera

Swati Ajmera is a Chartered Accountant with 10 years of experience in Direct and Indirect taxation, Assessment, and Audit. Her current role at IRIS as a GST Consultant involves active participation in product development for the IRIS LMS Software, showcasing her proficiency in software development within the taxation domain. She has a deep understanding of litigation process with drafting appropriate replies by understanding the critical litigation matters. Proficiency in clients handling for litigation related queries and has been actively involved in providing support and solution in this area.

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