Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
This circular clarifies the determination of place of supply and export benefits for advertising services provided by Indian advertising agencies to foreign clients. Key points are: advertising agencies providing comprehensive advertising solutions, including media planning, content creation, and procurement of media space, are not considered intermediaries under IGST Act. The foreign client is the recipient, not their Indian representative or target audience. These services do not qualify as performance-based under IGST Act section 13(3). The place of supply is the location of the foreign recipient u/s 13(2), making it an export of services. However, if the agency merely facilitates media space procurement between the foreign client and media owner, acting as an intermediary, the place of supply is the agency's location u/s 13(8)(b). The circular provides clarity on export benefits eligibility for such advertising services to foreign clients.
This circular clarifies the determination of place of supply and export benefits for advertising services provided by Indian advertising agencies to foreign clients. Key points are: advertising agencies providing comprehensive advertising solutions, including media planning, content creation, and procurement of media space, are not considered intermediaries under IGST Act. The foreign client is the recipient, not their Indian representative or target audience. These services do not qualify as performance-based under IGST Act section 13(3). The place of supply is the location of the foreign recipient u/s 13(2), making it an export of services. However, if the agency merely facilitates media space procurement between the foreign client and media owner, acting as an intermediary, the place of supply is the agency's location u/s 13(8)(b). The circular provides clarity on export benefits eligibility for such advertising services to foreign clients.
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