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...
The key points are: The applicant (THDCIL) does not qualify as a "Government Entity" under GST laws as it fails to meet the criteria of having 90% or more equity or control by the government. Although initially established with 100% government equity, currently the government's stake is only 25.504% due to equity dilution. Consequently, THDCIL cannot avail the GST exemption on legal services received under the reverse charge mechanism, which is available only to "Government Entities" as per the relevant GST notifications. The Advance Ruling Authority has ruled that THDCIL does not satisfy the definition of a "Government Entity" for GST purposes due to insufficient government equity participation.
The key points are: The applicant (THDCIL) does not qualify as a "Government Entity" under GST laws as it fails to meet the criteria of having 90% or more equity or control by the government. Although initially established with 100% government equity, currently the government's stake is only 25.504% due to equity dilution. Consequently, THDCIL cannot avail the GST exemption on legal services received under the reverse charge mechanism, which is available only to "Government Entities" as per the relevant GST notifications. The Advance Ruling Authority has ruled that THDCIL does not satisfy the definition of a "Government Entity" for GST purposes due to insufficient government equity participation.
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