Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
SEZ unit - Legal services - liability pay tax under reverse charge mechanism on services received from advocate - The applicant contended that various provisions and exemptions under the SEZ Act, 2005, and SEZ Rules, 2006, exempt them from certain taxes and allow for zero-rated supply of services. The Authority examined relevant provisions of the IGST Act, 2017, and considered clarifications provided by the Tax Research Unit, CBIC. They referred to Notification No. 37/2017-Central Tax, which allows for furnishing of LUT for procuring services without payment of integrated tax. Emphasizing that the recipient in SEZ is deemed the supplier for fulfilling conditions of the notification, the Authority for Advance Ruling (AAR) ruled in favor of the applicant, stating that they are not required to pay GST under RCM for specified services, provided they furnish a LUT or bond as specified.
SEZ unit - Legal services - liability pay tax under reverse charge mechanism on services received from advocate - The applicant contended that various provisions and exemptions under the SEZ Act, 2005, and SEZ Rules, 2006, exempt them from certain taxes and allow for zero-rated supply of services. The Authority examined relevant provisions of the IGST Act, 2017, and considered clarifications provided by the Tax Research Unit, CBIC. They referred to Notification No. 37/2017-Central Tax, which allows for furnishing of LUT for procuring services without payment of integrated tax. Emphasizing that the recipient in SEZ is deemed the supplier for fulfilling conditions of the notification, the Authority for Advance Ruling (AAR) ruled in favor of the applicant, stating that they are not required to pay GST under RCM for specified services, provided they furnish a LUT or bond as specified.
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