Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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AAR held that the Joint Development Agreement between the developer and landowner constitutes a "supply" of services under the CGST Act, as per entry 5(b) of Schedule II. The developer's construction of residential flats for the landowner, in consideration of transfer of development rights (TDR), is taxable as construction service. As the project is not an affordable residential project, GST at 5% (without ITC) is applicable on the landowner's share of flats, with taxable value determined on the open market value of similar flats sold to independent buyers around the date of transfer of development rights. Further, the landowner's TDR to the developer is a taxable service at 18%, with GST on unsold units payable by the developer under RCM on completion/first occupation.
AAR held that the Joint Development Agreement between the developer and landowner constitutes a "supply" of services under the CGST Act, as per entry 5(b) of Schedule II. The developer's construction of residential flats for the landowner, in consideration of transfer of development rights (TDR), is taxable as construction service. As the project is not an affordable residential project, GST at 5% (without ITC) is applicable on the landowner's share of flats, with taxable value determined on the open market value of similar flats sold to independent buyers around the date of transfer of development rights. Further, the landowner's TDR to the developer is a taxable service at 18%, with GST on unsold units payable by the developer under RCM on completion/first occupation.
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