Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Maintenance or repair services rendered by one division of the same organisation to its sister divisions were treated as services within a single legal entity, not as services provided to another person for service tax purposes. The transfer of cost through debit notes did not change that character, because the recipient divisions formed part of the same organisation and the charges were embedded in their own cost structure. The Tribunal also noted revenue neutrality, as any tax paid and recovered would be available as credit to the recipient units. Applying Nirlon Ltd., the demand was held unsustainable and the related liabilities were set aside.
Maintenance or repair services rendered by one division of the same organisation to its sister divisions were treated as services within a single legal entity, not as services provided to another person for service tax purposes. The transfer of cost through debit notes did not change that character, because the recipient divisions formed part of the same organisation and the charges were embedded in their own cost structure. The Tribunal also noted revenue neutrality, as any tax paid and recovered would be available as credit to the recipient units. Applying Nirlon Ltd., the demand was held unsustainable and the related liabilities were set aside.
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