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CBIC Clarifies GST Treatment of Directors’ Remuneration
A circular clarifies how directors’ remuneration recorded as salaries in company accounts should be treated under GST.
CNG Rate Amendment for Specified Dealers
A November 2022 notification provides remission on CNG sold to specified dealers in Gujarat.
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Get in TouchCBIC Clarifies GST Treatment of Directors’ Remuneration
The Central Board of Indirect Taxes and Customs (CBIC) issued a circular clarifying that directors’ remuneration recorded as salaries in a company’s books and subject to TDS under Section 192 of the Income-tax Act is not taxable under GST.
The clarification is summarised below:
- Remuneration paid to an independent director, or to any director who is not an employee of the company, is taxable in the hands of the company under the reverse charge mechanism.
- Directors’ remuneration recorded as salaries in the company’s books and subject to TDS under Section 192 of the Income-tax Act is not taxable under GST because it is consideration for services provided by an employee to an employer in the course of employment under Schedule III of the CGST Act, 2017.
- Directors’ remuneration recorded under a category other than salaries and subject to TDS under Section 194J of the Income-tax Act as fees for professional or technical services is treated as consideration for services outside the scope of Schedule III of the CGST Act and is therefore taxable under GST.
Gujarat VAT Rate Amendment for CNG Sold to Specified Dealers in the State
Gujarat VAT Rate Amendment for CNG Sold to Specified Dealers in the State
Notification No. GHN-76-VAT-10-2022-443-S.41(1)(20)-GST Cell, dated 2 November 2022, provides a remission of 10% of the tax payable by a registered dealer on the turnover from CNG sold to a specified dealer. The specified dealer must be licensed to dispense CNG as automotive fuel and must sell it exclusively to retail consumers within the State for use as fuel in vehicles.
Under the notification dated 2 November 2022, a specified dealer is a dealer licensed to dispense CNG as automotive fuel and selling it exclusively to retail consumers within the State for use as fuel in vehicles.
Under the notification dated 2 November 2022, a dealer procuring CNG from a CNG manufacturer or Oil Marketing Company (OMC), but not holding its own licence to dispense CNG as automotive fuel, is not eligible to procure CNG at the 5% VAT rate.
The definition of specified dealer in the notification dated 2 November 2022 was amended by Notification No. GHN-61-VAT-10-2022-443-S.41(1)(23)-GST Cell, dated 15 September 2025, as follows:
“Specified dealer” means a dealer registered under the Act who sells CNG exclusively to retail consumers within the State for use as fuel in vehicles.
Following the amendment dated 15 September 2025, all dealers selling CNG to retail consumers within the State for use as fuel in vehicles are eligible for the effective VAT rate of 5% under Notification No. GHN-76-VAT-10-2022-443-S.41(1)(20)-GST Cell, dated 2 November 2022.
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