International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Whether reimbursements to a foreign representative office constitute taxable "consideration" under the reverse-charge for business support services: Tribunal found the representative office to be a back-end extension of the appellant, with expenses borne by the appellant; reimbursements are mere expense recovery and not separate agreed consideration, so not value of taxable services. Reliance on the Delhi HC striking down Rule 5(1) and on contemporaneous factual precedents reinforced that invoicing/receipt by the appellant negates taxability. Impugned order set aside; appeal allowed. - CESTAT
Whether reimbursements to a foreign representative office constitute taxable "consideration" under the reverse-charge for business support services: Tribunal found the representative office to be a back-end extension of the appellant, with expenses borne by the appellant; reimbursements are mere expense recovery and not separate agreed consideration, so not value of taxable services. Reliance on the Delhi HC striking down Rule 5(1) and on contemporaneous factual precedents reinforced that invoicing/receipt by the appellant negates taxability. Impugned order set aside; appeal allowed. - CESTAT
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