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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Legal documentation and certification services for filing patent applications received from foreign patent attorneys constituted "legal services" classifiable under SAC 998213, attracting GST as import of services with place of supply at the recipient's location in India. Exemption for "legal services" under the relevant entry was held inapplicable because "advocate/senior advocate" under the Advocates Act, 1961 refers to persons enrolled under Indian rolls and does not extend to foreign attorneys; consequently, the services were taxable. The activity was held to be in the course or furtherance of the foreign service providers' business and therefore a "supply," making tax payable by the recipient under reverse charge as per the applicable notification. - AAR
Legal documentation and certification services for filing patent applications received from foreign patent attorneys constituted "legal services" classifiable under SAC 998213, attracting GST as import of services with place of supply at the recipient's location in India. Exemption for "legal services" under the relevant entry was held inapplicable because "advocate/senior advocate" under the Advocates Act, 1961 refers to persons enrolled under Indian rolls and does not extend to foreign attorneys; consequently, the services were taxable. The activity was held to be in the course or furtherance of the foreign service providers' business and therefore a "supply," making tax payable by the recipient under reverse charge as per the applicable notification. - AAR
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