Transfer pricing adjustments for software services, corporate guarantees, expense characterisation and foreign tax credit affirmed under arm's length ...
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AAR held that nominal amounts recovered from employees for transportation arranged through third-party vendors did not constitute a supply under Section 7 of the CGST Act. The arrangement was treated as an employee welfare facility, not an activity in the course or furtherance of the applicant's engineering and IT-related business, and the recovery was only partial cost-sharing with no independent consideration accruing to the applicant. The transport facility was also regarded as an employment-linked perquisite covered by Schedule III, and therefore outside the ambit of supply. As the transaction was not taxable, the question of valuation for GST did not arise.
AAR held that nominal amounts recovered from employees for transportation arranged through third-party vendors did not constitute a supply under Section 7 of the CGST Act. The arrangement was treated as an employee welfare facility, not an activity in the course or furtherance of the applicant's engineering and IT-related business, and the recovery was only partial cost-sharing with no independent consideration accruing to the applicant. The transport facility was also regarded as an employment-linked perquisite covered by Schedule III, and therefore outside the ambit of supply. As the transaction was not taxable, the question of valuation for GST did not arise.
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