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...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
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 applicant's leasing of a co-owned property to an unregistered company for providing residential accommodation to students and working professionals is not exempt under Entry 12 of Notification No. 12/2017-CT (Rate). The property is treated as commercial, and the lessee uses it for commercial purposes (providing accommodation), not as its own residence in personal capacity, defeating the exemption's intent. The supply is classified under Sl. No. (iii) of Entry 16 of Notification No. 11/2017-CT (Rate) as renting of immovable property and attracts GST at 18%. As the applicant is a registered person, it is liable to discharge GST on such rental income.
AAR held that the applicant's leasing of a co-owned property to an unregistered company for providing residential accommodation to students and working professionals is not exempt under Entry 12 of Notification No. 12/2017-CT (Rate). The property is treated as commercial, and the lessee uses it for commercial purposes (providing accommodation), not as its own residence in personal capacity, defeating the exemption's intent. The supply is classified under Sl. No. (iii) of Entry 16 of Notification No. 11/2017-CT (Rate) as renting of immovable property and attracts GST at 18%. As the applicant is a registered person, it is liable to discharge GST on such rental income.
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