Clarification regarding taxability of services provided by an office of an organisation in one State to the office of that organisation in another State, both being distinct persons.
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Input tax credit distribution: HO may use ISD or invoice BOs, invoice value deemed open market value when recipient has full credit. For services between distinct offices, the HO may either distribute ITC via the ISD mechanism (with mandatory ISD registration if used) or issue tax invoices to BOs so BOs can claim ITC; where a recipient BO is eligible for full ITC, the invoice value is deemed the open market value under rule 28 irrespective of included cost components, and a nil invoice may be so deemed; where the BO is not eligible for full ITC, HO employee salary need not be mandatorily included in taxable value.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Input tax credit distribution: HO may use ISD or invoice BOs, invoice value deemed open market value when recipient has full credit.
For services between distinct offices, the HO may either distribute ITC via the ISD mechanism (with mandatory ISD registration if used) or issue tax invoices to BOs so BOs can claim ITC; where a recipient BO is eligible for full ITC, the invoice value is deemed the open market value under rule 28 irrespective of included cost components, and a nil invoice may be so deemed; where the BO is not eligible for full ITC, HO employee salary need not be mandatorily included in taxable value.
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