Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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The AAR held that: (i) assignment of leasehold land rights constitutes a taxable service under GST Laws, classifiable as "Other miscellaneous service" (SAC 999792) and taxable at 18%; (ii) transfer of building does not qualify as a separate goods or services transaction, but is part of leasehold rights assignment, also taxable at 18%; and (iii) sale of plant and machinery qualifies as goods supply, with GST applicable based on input tax credit rules or agreed price, subject to Section 18(6) of CGST Act. The ruling emphasizes that leasehold rights transfer, including associated buildings and infrastructure, is a comprehensive service subject to GST taxation.
The AAR held that: (i) assignment of leasehold land rights constitutes a taxable service under GST Laws, classifiable as "Other miscellaneous service" (SAC 999792) and taxable at 18%; (ii) transfer of building does not qualify as a separate goods or services transaction, but is part of leasehold rights assignment, also taxable at 18%; and (iii) sale of plant and machinery qualifies as goods supply, with GST applicable based on input tax credit rules or agreed price, subject to Section 18(6) of CGST Act. The ruling emphasizes that leasehold rights transfer, including associated buildings and infrastructure, is a comprehensive service subject to GST taxation.
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