Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The circular addresses denial of input tax credit (ITC) on ducts and manholes used in optical fiber cable (OFC) networks u/s 17(5) of the CGST Act. It clarifies that ITC is not restricted for such items as they are considered part of "plant and machinery" essential for telecommunication services. Ducts and manholes are integral for laying OFC networks and fall within the definition of "plant and machinery" as per the Act. The circular aims to prevent unnecessary disputes in the telecommunication sector and encourages uniformity in tax implementation. It directs issuance of trade notices to disseminate the clarification and invites feedback for smooth implementation.
The circular addresses denial of input tax credit (ITC) on ducts and manholes used in optical fiber cable (OFC) networks u/s 17(5) of the CGST Act. It clarifies that ITC is not restricted for such items as they are considered part of "plant and machinery" essential for telecommunication services. Ducts and manholes are integral for laying OFC networks and fall within the definition of "plant and machinery" as per the Act. The circular aims to prevent unnecessary disputes in the telecommunication sector and encourages uniformity in tax implementation. It directs issuance of trade notices to disseminate the clarification and invites feedback for smooth implementation.
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