Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
For export refunds under rule 89(4), net input tax credit, turnover of zero-rated supply and adjusted total turnover must correspond to the same relevant period. Export invoices for goods intended for export are issued before or at removal of goods; their value is included in zero-rated turnover where issued during that period, even if the goods are exported later, provided actual export is established. Refund cannot be denied solely because export occurred after the relevant period. An objection that certain input tax credit was inadmissible did not affect the sanctioned refund because the maximum computable refund remained higher than the amount claimed. The departmental appeal was dismissed.
For export refunds under rule 89(4), net input tax credit, turnover of zero-rated supply and adjusted total turnover must correspond to the same relevant period. Export invoices for goods intended for export are issued before or at removal of goods; their value is included in zero-rated turnover where issued during that period, even if the goods are exported later, provided actual export is established. Refund cannot be denied solely because export occurred after the relevant period. An objection that certain input tax credit was inadmissible did not affect the sanctioned refund because the maximum computable refund remained higher than the amount claimed. The departmental appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4878 
