Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
The appellant performed clinical study services in India on drugs supplied by their foreign client and delivered the clinical study report through email, courier, or website. The department argued that since the service was performed in India on goods supplied by the recipient, it did not qualify as export of service u/r 4 of the Place of Provision of Service Rules, 2012. However, relying on previous judgments in Sai Life Sciences Ltd. and Fertin Pharma Research & Development India Pvt. Ltd., it was held that conducting clinical trials on drugs supplied by a foreign service recipient and providing the technical report constitutes export of service u/r 3 of the Rules, 2012. Therefore, such services are not liable to service tax. The impugned order was set aside, and the appeal was allowed.
The appellant performed clinical study services in India on drugs supplied by their foreign client and delivered the clinical study report through email, courier, or website. The department argued that since the service was performed in India on goods supplied by the recipient, it did not qualify as export of service u/r 4 of the Place of Provision of Service Rules, 2012. However, relying on previous judgments in Sai Life Sciences Ltd. and Fertin Pharma Research & Development India Pvt. Ltd., it was held that conducting clinical trials on drugs supplied by a foreign service recipient and providing the technical report constitutes export of service u/r 3 of the Rules, 2012. Therefore, such services are not liable to service tax. The impugned order was set aside, and the appeal was allowed.
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TaxTMI 
TaxTMI 
of 4918 
