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...
AAR held that the applicant's activities constitute intermediary services within the meaning of Section 2(13) of the IGST Act, 2017, rather than independent consultancy (marketing, recruitment or referral) or provision of education. The applicant merely facilitates the supply of education by foreign universities to Indian students, earning commission contingent on successful admissions, and lacks strategic autonomy or expert-driven consultancy functions. Consequently the applicant supplies services as an intermediary, with place of supply located in India under Section 13(8)(b); therefore the services do not meet the statutory criteria for export of services under Section 2(6) and are taxable under the IGST regime.
AAR held that the applicant's activities constitute intermediary services within the meaning of Section 2(13) of the IGST Act, 2017, rather than independent consultancy (marketing, recruitment or referral) or provision of education. The applicant merely facilitates the supply of education by foreign universities to Indian students, earning commission contingent on successful admissions, and lacks strategic autonomy or expert-driven consultancy functions. Consequently the applicant supplies services as an intermediary, with place of supply located in India under Section 13(8)(b); therefore the services do not meet the statutory criteria for export of services under Section 2(6) and are taxable under the IGST regime.
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