Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
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The note treats a non compete fee for agreeing to refrain from competing as a taxable 'supply of services' under Schedule II(5)(e) and Section 9(1) CGST; where the supplier is in India and the recipient is located abroad, payment is in foreign exchange and the establishments are not merely distinct persons, the transaction meets the five conditions of export under Section 2(6) IGST and qualifies as export of services and zero rated. The authority records that 98.57% of the fee is export (zero rated) while 1.43% remains taxable as inter state or intra state supply; IGST or CGST+state GST may apply as appropriate.
The note treats a non compete fee for agreeing to refrain from competing as a taxable 'supply of services' under Schedule II(5)(e) and Section 9(1) CGST; where the supplier is in India and the recipient is located abroad, payment is in foreign exchange and the establishments are not merely distinct persons, the transaction meets the five conditions of export under Section 2(6) IGST and qualifies as export of services and zero rated. The authority records that 98.57% of the fee is export (zero rated) while 1.43% remains taxable as inter state or intra state supply; IGST or CGST+state GST may apply as appropriate.
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