Article
Taxability Of Corporate Guarantees Under GST Laws: Analysis Of The Recent Gujarat High Court Decision In Torrent Power Ltd. v Union Of India
The issue of taxability of corporate guarantees issued by a holding company to a financial institution for the benefit of its subsidiary company emerged as one of the most contentious issues in the Goods and Services Tax (GST) regime pursuant to the introduction of the levy in 2023. The controversy centers on a fundamental question: when a holding company furnishes a corporate guarantee, without charging any fee from its subsidiary company, to a bank to enable its subsidiary to secure credit facilities, does such activity constitute a taxable “supply of services” under the Central Goods and Services Tax Act, 2017 (CGST Act)?
Khaitan & Co LLP