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India: Tax credit; expenditures of PE; GST on complimentary tickets

India: Tax credit; expenditures of PE; GST

The KPMG member firm in India has prepared reports about the following tax developments (read more at the hyperlinks provided below).

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  • Time limit for claiming input tax credit: The Supreme Court of India held that conditions prescribed in a statute for claiming a tax credit must be strictly construed. Read an October 2018 report [PDF 711 KB]

  • Disallowance of expenditure not applicable under India-Mauritius tax treaty: The Delhi Bench of the Income-tax Appellate Tribunal in a case concerning allowable deductions for payments of salary and other operating expenditures of a foreign company’s permanent establishment in India held that the disallowance provisions under Section 40(a)(i) of the Income-tax Act, 1961 do not apply to the taxpayer because of the lack of any restrictive clause in Article 7(3) of India-Mauritius  income tax treaty. The case is: Unocol Bharat Ltd. Read an October 2018 report [PDF 642 KB]

  • Complimentary tickets subject to GST: The Authority for Advance Ruling, Punjab concluded that a supply of complimentary tickets issued in the course or furtherance of a business, is an act of forbearance and thus was covered under the scope of the term “supply” as defined by a provision of the goods and services tax (GST) measures. The case is: M/s K.P.H. Dream Cricket Pvt. Ltd. Read an October 2018 report [PDF 714 KB]

  • Stay application: The Madras High Court in a case concerning the allowability of a stay application held that the Assessing Officer must consider the taxpayer's genuine hardship to allow a stay application. The case is: Samms Juke Box. Read an October 2018 report [PDF 630 KB]

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