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...
Retrospective section 16(5) permits input tax credit for specified financial years where claimed through GSTR-3B filed by the prescribed deadline, overriding the earlier limitation in section 16(4). GSTR-3B functions as the section 39 return for this purpose. Credit is availed when claimed and credited to the Electronic Credit Ledger; later utilisation does not constitute delayed availment. Discrepancies in GSTR-9 or GSTR-9C cannot by themselves extinguish credit already claimed through GSTR-3B. A demand founded solely on limitation cannot be sustained on new substantive grounds absent from the show-cause notice and original adjudication. Interest and penalty dependent exclusively on an invalid credit denial lack an independent basis.
Retrospective section 16(5) permits input tax credit for specified financial years where claimed through GSTR-3B filed by the prescribed deadline, overriding the earlier limitation in section 16(4). GSTR-3B functions as the section 39 return for this purpose. Credit is availed when claimed and credited to the Electronic Credit Ledger; later utilisation does not constitute delayed availment. Discrepancies in GSTR-9 or GSTR-9C cannot by themselves extinguish credit already claimed through GSTR-3B. A demand founded solely on limitation cannot be sustained on new substantive grounds absent from the show-cause notice and original adjudication. Interest and penalty dependent exclusively on an invalid credit denial lack an independent basis.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4878 
