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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: HO may use ISD or invoice BOs; invoice value deemed open market value when recipient has ITC. Where an HO procures common input services for itself and BOs, it may either distribute input tax credit via the ISD mechanism (with mandatory ISD registration if used) or issue tax invoices to BOs; when a BO is eligible for full ITC the invoice value is deemed to be the open market value under rule 28, irrespective of whether specific cost components were included, and salary costs need not be mandatorily included in value where recipient BOs lack full ITC.
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: HO may use ISD or invoice BOs; invoice value deemed open market value when recipient has ITC.
Where an HO procures common input services for itself and BOs, it may either distribute input tax credit via the ISD mechanism (with mandatory ISD registration if used) or issue tax invoices to BOs; when a BO is eligible for full ITC the invoice value is deemed to be the open market value under rule 28, irrespective of whether specific cost components were included, and salary costs need not be mandatorily included in value where recipient BOs lack full ITC.
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