Madras
HC stays Rs 80 cr GST demand on Hyundai seconded employees pay
Student recruitment solution provider Crizac has filed preliminary
papers with markets The Madras HC has stayed a GST demand of about Rs 80 crore
on salary paid by Hyundai Motors to seconded employees.
The company had challenged the December 23, 2023 tax demand notice
from the GST authorities, which had considered the entire salary amount paid to
seconded employees as taxable. Secondment, a common practice among global
companies, is a temporary arrangement in which an employee transitions from one
role to another, typically within the same group of companies, within or
outside the country for a specified duration. "Since a prima facie case is
made out and several high courts granted interim relief and are also examining
whether such an arrangement would qualify as a taxable supply, there shall be
an interim stay of further proceedings pursuant to the impugned order until the
matter is heard next," the single-judge bench of Justice Senthilkumar
Ramamoorthy said in an order last week.
The
court will hear the case on April 8. However, the GST authorities said that in
the secondment arrangement, the company is deemed as the recipient of the
service, and the services provided by the expatriate will be considered as a
"supply of manpower" under GST laws.
www.economictimes.indiatimes.com dt. 29.03.2024