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Court upholds GST on intermediary services provided by Indian agents to foreign…
The Gujarat High Court dismissed a petition challenging the constitutional validity of Section 13(8)(b) of the Integrated Goods and Services Tax (IGST) Act, 2017. The petitioner, an association of recycling industries, argued that the provision, whi…
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Transfer pricing dispute: Court allows capacity adjustment for low plant utiliz…
This case involves a transfer pricing dispute between an Indian company, Giesecke & Devrient (India) Pvt. Ltd., and the Indian tax authorities. The company challenged the transfer pricing adjustments made by the tax authorities for its software deve…
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Exporters' Boon or Bane? Navigating Rule 96(10)'s Complexities
A pivotal rule governing IGST refunds for exporters, Rule 96(10) of the CGST Rules has undergone numerous amendments, creating a labyrinth of conditions and exceptions. This intricate web aims to strike a balance between facilitating exports and pre…
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The revenue authorities cannot take advantage of their own mistakes and deny in…
The case revolves around a registered dealer, M/s Alok Traders, who sought interest on a delayed refund of the amount deposited for the release of goods under Section 129 of the CGST Act, 2017. The Allahabad High Court ruled in favor of the assessee…
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Gujarat HC rules - denying refund of unutilized input tax credit on input servi…
The case revolves around several petitioners, including VKC Footsteps India Pvt. Ltd., who challenged the validity of Rule 89(5) of the Central Goods and Services Tax (CGST) Rules, 2017, which denied refund of unutilized input tax credit on input se…
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Exporter entitled to IGST refund despite availing higher drawback rate; circula…
The case involved an exporter, M/s Amit Cotton Industries, who had exported goods and paid Integrated Goods and Services Tax (IGST). They claimed a refund of the IGST paid but were denied by the customs authorities because they had availed a higher …
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Software firm wins transfer pricing case as tax officer's comparable selections…
This case involves LSI Technologies India (P.) Ltd., a wholly-owned subsidiary of a Cayman Islands company, rendering software development services to its associated enterprise (AE). The Income Tax Officer (ITO) made a transfer pricing adjustment, i…
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Exporter allowed to claim GST refund for tax periods across two financial years…
The Delhi High Court ruled in favor of an exporter, M/s. Pitambra Books (P.) Ltd., allowing them to claim a GST refund for tax periods spanning two financial years. The court quashed a circular issued by the Central Board of Indirect Taxes and Custo…
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IT company wins partial relief in transfer pricing dispute over comparable comp…
This case involves AOL Online India Private Limited, an IT company that provides software development and call center services to its associated enterprise. The dispute centered around the Transfer Pricing Officer's (TPO) selection of comparable com…
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Supreme Court upholds GST refund formula in Rule 89(5) of CGST Rules, overrules…
This case revolves around the validity of Rule 89(5) of the Central Goods and Services Tax (CGST) Rules, which prescribes a formula for calculating the refund of unutilized input tax credit (ITC) on input services. The Supreme Court upheld the valid…
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Refund of accumulated ITC allowed when input tax rate higher than output, even …
The Kerala High Court ruled in favor of Malabar Fuel Corporation, allowing them to claim a refund of accumulated input tax credit (ITC) under Section 54(3)(ii) of the Central Goods and Services Tax (CGST) Act. The court held that a refund cannot be …
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Refund of GST on export of services allowed despite payment being received in I…
The petitioner, an exporter of services, received payments from foreign clients through an intermediary Paypal in Indian rupees after Paypal received the amounts in convertible foreign exchange. The tax authorities denied refund of GST paid on such…
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GST Refund Claim Allowed Despite Procedural Lapse
Goods & Services Tax,Jan. 20, 2023The Gujarat High Court allowed a GST refund claim filed by a company, overruling the tax department’s rejection of the claim as time-barred. The court held that the date of filing the refund application on the GST portal should be considered as the relevant date, not the later date of physical submission of documents as per a procedural circular. The circular cannot override statutory provisions to the detriment of the assessee.
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Court allows refund claim filed electronically within time, overriding circular…
Goods & Services Tax,Apr. 25, 2024The case involved a company, M/s Chromotolab and Biotech Solutions, that filed a refund claim electronically on the common portal within the prescribed time limit. However, the tax authorities rejected the claim as time-barred because the physical submission of the application and documents happened after the due date, as per a circular. The High Court of Gujarat ruled in favor of the company, directing the authorities to re-credit the refund amoun…
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Tribunal excludes 3 comparables from transfer pricing analysis, directs AO to r…
Income Tax,Mar. 28, 2024This case involves an appeal filed by the assessee against the assessment order for the assessment year 2007-08, where the Transfer Pricing Officer (TPO) and the Dispute Resolution Panel (DRP) had determined the arm's length price (ALP) of the assessee's international transactions by selecting certain comparables. The assessee challenged the inclusion of three comparables, namely Chokshi Laboratories Ltd., Indus Technical & Financial Consultants Lt…
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IT firm's transfer pricing adjustment rejected; comparables rightly excluded by…
Income Tax,Mar. 28, 2024This case involves an appeal filed by the revenue department against the decision of the Income Tax Appellate Tribunal (ITAT) regarding the exclusion of certain companies as comparables for determining the arm's length price (ALP) of international transactions between the assessee (an IT firm) and its associated enterprises (AEs). The ITAT had upheld the exclusion of Infosys BPO Ltd., Acropetal Technologies Ltd., and e-Clerx Services Ltd. as compar…
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Tribunal upholds exclusion of Accentia Technologies and Infosys BPO as comparab…
Income Tax,Mar. 28, 2024This case deals with the selection of comparable companies for benchmarking the arm's length price of international transactions between the assessee, a captive back office service provider, and its associated enterprises (AEs). The Revenue challenged the exclusion of Accentia Technologies Ltd. and the inclusion of R Systems International Ltd. and Caliber Point Business Solutions Ltd. as comparables by the Dispute Resolution Panel (DRP). The assess…
Software firm wins transfer pricing case, court rejects comparable companies wi…
This case involves an appeal by a software company against the transfer pricing adjustment made by the tax authorities. The key issue was the selection of comparable companies for determining the arm's length price of the company's international transactions with its associated enterprises. The court rejected several companies proposed by the tax authorities as comparables, citing functional dissimilarities and other factors that made them incompar…
Income Tax,May. 19, 2021-
Software firm wins partial relief from transfer pricing adjustment on staffing,…
Income Tax,Dec. 15, 2020The case involves a software company that appealed against a transfer pricing adjustment made by the tax authorities on its international transactions related to software development and staffing services provided to associated enterprises (AEs). The key issue was the comparability analysis and the selection of appropriate comparables for benchmarking the company's profitability.
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German IT firm's transfer pricing adjustment reduced by Income Tax Appellate Tr…
Income Tax,Jun. 22, 2021This case involves an appeal filed by Bertelsmann Marketing Services India Private Limited (the Assessee), a wholly-owned subsidiary of a German company, against the transfer pricing adjustment made by the Indian tax authorities for the Assessment Year 2010-11. The Assessee rendered IT-enabled services to its associated enterprises (AEs) and non-AEs. The Transfer Pricing Officer (TPO) and the Dispute Resolution Panel (DRP) made adjustments to the A…
Court rules on transfer pricing adjustments for IT-enabled services, provides g…
Income Tax,Jun. 18, 2021This case involves transfer pricing disputes between an Indian IT-enabled services (ITeS) company and the Indian tax authorities for the assessment years 2011-12 and 2012-13. The key issues relate to the selection of comparable companies for benchmarking the arm's length price of the ITeS transactions with the company's associated enterprise (AE). The court provided guidance on various factors to consider when selecting comparables, such as functio…
Software firm wins transfer pricing case as court upholds exclusion of 4 compar…
This case involves a software company (respondent) that rendered services to its US parent company. The Tax Department challenged the exclusion of 4 companies used as comparables by the Transfer Pricing Officer (TPO) to benchmark the respondent's international transaction. The Delhi High Court upheld the exclusion, ruling that the comparables were functionally dissimilar to the respondent.
Income Tax,Oct. 07, 2020-
Income Tax , May. 03. 2021Software firm wins transfer pricing dispute, 3 comparables excluded by tax trib…
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Customs & Excise , Mar. 26. 2024CII wins case, modular employment scheme deemed outside service tax ambit.
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Income Tax , Mar. 27. 2024IT firm wins partial relief on transfer pricing adjustments for FY 2017-18
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Income Tax , Apr. 01. 2024Trust providing coaching for Russian studies and paramedical courses allowed ta…
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Income Tax , Mar. 27. 2024Private Coaching Institute Not Considered Charitable Institution under Income-t…
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