Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Input tax credit on cement, steel and other inputs and works contract/construction services used to construct a warehouse was held to be blocked under s.17(5)(c) and s.17(5)(d) where such construction results in an immovable property. While "plant or machinery" in s.17(5)(d) is not governed by the definition of "plant and machinery" in the Explanation to s.17 and requires a functionality test based on the taxpayer's business and the building's role, the warehouse in question was not treated as qualifying "plant or machinery". Consequently, ITC was denied for goods and services used in constructing the warehouse, whether used for providing storage/warehousing services or leased to tenants. - AAR
Input tax credit on cement, steel and other inputs and works contract/construction services used to construct a warehouse was held to be blocked under s.17(5)(c) and s.17(5)(d) where such construction results in an immovable property. While "plant or machinery" in s.17(5)(d) is not governed by the definition of "plant and machinery" in the Explanation to s.17 and requires a functionality test based on the taxpayer's business and the building's role, the warehouse in question was not treated as qualifying "plant or machinery". Consequently, ITC was denied for goods and services used in constructing the warehouse, whether used for providing storage/warehousing services or leased to tenants. - AAR
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