9911796707
Case Laws
Acts
Notifications
Circulars
Classification
Forms
Manuals
Articles
News
D. Forum
Highlights
Notes
🚨 Important Update for Our Users
We are transitioning to our new and improved portal - www.taxtmi.com - for a better experience.
Follow us:
| TMI General Search |
|
Advanced Search Options
Showing 81 to 100 of 521 Records Search Text: service tax medical transcription |
| Search Results |
| Acts / Rules (1) Articles (2) Case-Laws (492) Circulars (19) Forum (1) Highlights (1) News (2) Notifications (3) |
|
The circular from the Himachal Pradesh Excise and Taxation Department addresses clarifications regarding the supply of Information Technology enabled Services (ITeS) under GST law. It distinguishes between suppliers acting on their own account versus those acting as intermediaries, as defined in the Integrated Goods and Services Tax Act. Three scenarios are outlined: suppliers providing services independently, those facilitating services for clients, and those doing both. The determination of whether a supplier is an intermediary depends on the specifics of each case. Non-intermediary suppliers can qualify for export of services benefits if they meet certain criteria. The circular is effective from July 18, 2019.
The circular from the Karnataka Department of Commercial Taxes clarifies issues regarding the supply of Information Technology enabled Services (ITeS) under GST law, particularly concerning their classification as "export of services" or as "intermediaries." It defines intermediaries as those facilitating the supply of goods or services but not supplying on their own account. The scenarios where ITeS providers may or may not be considered intermediaries, depending on whether services are provided on their own account or merely facilitate transactions for overseas clients. It also states that non-intermediary ITeS providers can benefit from export of services if specific criteria are met.
Clarification on doubts related to supply of Information Technology enabled Services (ITeS services) The circular from the Rajasthan Commercial Tax Department addresses clarifications on the supply of Information Technology enabled Services (ITeS) under GST law. It distinguishes between suppliers of ITeS services and intermediaries, as defined by the Integrated Goods and Services Tax Act. Suppliers providing services on their own account are not considered intermediaries, whereas those facilitating transactions for clients are. The circular outlines scenarios to determine intermediary status and clarifies that non-intermediary ITeS providers can benefit from export of services if certain criteria are met, such as location of supplier and recipient, and payment in convertible foreign exchange.
The circular from the Chief Commissioner of State Tax, Gujarat, addresses clarifications on the classification of Information Technology enabled Services (ITeS) under the GST law, specifically concerning their status as "export of services" or as "intermediaries." It explains that suppliers of ITeS, such as call centers and data processing, are not considered intermediaries if they provide services on their own account. However, if they facilitate the supply of services between entities, they may be classified as intermediaries. The circular also outlines the criteria for ITeS providers to qualify for export benefits, emphasizing the need for each case to be assessed individually.
2018 (10) TMI 1262 - ITAT DELHI Determination of arm's length price of international transaction qua selection of comparables - Held that:- Assessee is primarily engaged in the business of provision of IT enabled services in the area of medical transcription to its associates enterprise and it provides such services exclusively to its foreign AE i.e. M/s. Heartland Medical Information services inc., USA. Assessee is remunerated on total cost plus basis for services rendered, thus on account of different business model, we dire... ... ...
2018 (7) TMI 2030 - DELHI HIGH COURT TP Adjustment - exclusion of M/s eClerx Services Pvt. Ltd., M/s Infosys BPO Ltd. and M/s Accentia Technologies Ltd. - HELD THAT:- M/s Accentia Technologies Ltd. and M/s eClerx Services Pvt. Ltd. are functionally dissimilar and cannot be compared with the assessee company which is mainly engaged in providing low-end services to the group concerns. As regards the exclusion of M/s Infosys BPO Ltd., the following question of law arises - Did the ITAT fall into error in excluding M/s Infosys BPO Ltd ... ... ...
2018 (7) TMI 1090 - ITAT DELHI Disallowance of reimbursement of expenses incurred by assessee on behalf of its AE pertaining to travel cost, marketing cost etc. - Held that:- Assessee has paid for the cost incurred and that these amounts were charged to AE as reimbursements for actual cost incurred by assessee. We do not find any infirmity in the directions issued by DRP and direct Ld.TPO to compute the adjustment if any by considering actual reimbursement received from AE and actual cost incurred by assessee in operating inc... ... ...
2018 (5) TMI 239 - ITAT HYDERABAD TPA - comparable selection criteria - functional similarity - Held that:- Assessee is a company engaged in the business of providing back office data creation, content development, software and web development, thus companies companies functionally dissimilar with that of assessee need to be deselected from final list. Negative Working Capital adjustment - Held that:- As in the case of Adaptec (India) P. Ltd., Vs. ACIT [2015 (6) TMI 288 - ITAT HYDERABAD] Negative working capital should not be ma... ... ...
2018 (2) TMI 1750 - DELHI HIGH COURT TPO - Comparability analysis - Held that:- This Court notices that as far as the exclusion of three comparables – M/s. TCS E-Serve Limited; M/s. TCS E-Serve International Limited and M/s. Infosys BPO Ltd. is concerned, the ITAT was cognizant of and took note of the circumstances that these entities had a high brand value and, therefore, were able to command greater profits; besides, they operated on economic upscale. There was no segmented data and on that account, directed the exclusion of that... ... ...
2017 (8) TMI 1433 - ITAT HYDERABAD Accrued income shown as unmatured advances in the Balance Sheet - Held that:- As decided in assessee’s own case [2017 (4) TMI 358 - ITAT HYDERABAD] what is to be seen is whether the assessee has followed a recognized method of accounting or not. If method followed by the assessee is such whereby correct income cannot be deduced, then only the assessing officer has the authority to adopt a reasonable basis to determine the total income. In the instant case it cannot be disputed that the assessee ... ... ...
2017 (6) TMI 1295 - ITAT PUNE TPA - comparable selection - functional dissimilarity - HELD THAT:- As the assessee before us is a provider of software services, the two concerns i.e. FCS Software Solutions Ltd. and Infosys Technologies Ltd. have to be excluded from the final set of comparables as they are functionally not comparable. CAT Technologies Ltd. and RS Software (India) Ltd. - Any concern is to be included in the final set of comparables, where it satisfied the filter of more than 75% of earning from exports.... ... ...
2017 (5) TMI 1735 - ITAT DELHI TP Adjustment - Determination of arm s length price of international transaction of provision of infrastructure support services - comparability analysis of the assessee s international transaction with an uncontrolled transaction - HELD THAT:- BNR Udyog Limited, it is carrying on medical transcription, construction, and financial activities. It is also the member of the National commodities and derivatives exchange Ltd and multi commodity exchange of India. This company has assumed geographical... ... ...
2016 (8) TMI 1163 - PUNJAB AND HARYANA HIGH COURT TPA - determination of the ‘Arm’s Length Price’ (ALP) - selection of comparables criteria - Held that:- Qualification that the appropriate threshold limit ought to be 75% as the assessee’s export earnings were more than 90% (infact 100%) of the total income need to be adhered for selction of comparable. Exclusion of of communication charges incurred in foreign currency attributable to delivery of computer software outside India from total turnover in order to compute deduction under section 10AA... ... ...
2016 (5) TMI 1404 - ITAT PUNE TPA - selection of comparables - Held that:- Assessee is engaged in providing ITES services, thus companies functionally dissimilar with that of assessee need to be deselected from final list of comparables.... ... ...
2015 (9) TMI 1507 - ITAT DELHI TPA - selection of wrong comparables for benchmarking the international transaction - Held that:- Four comparables (i) Allsec Technologies Ltd., (ii) Maple E-solutions Ltd.; (iii) Asit C. Mehta and (iv) Vishal Information Technologies Ltd. (Coral Hub Ltd.) - et aside the matter to the file of the Assessing Officer/TPO to examine the validity of grievances shown by the assessee before the ITAT on the issue of choosing of the above four comparables for benchmarking the assessee’s international tra... ... ...
2014 (11) TMI 1017 - ITAT CHENNAI Transfer pricing adjustment - selection of comparables - Held that:- OECD guidelines [para 2.62] relied upon by the ‘TPO’ support action of the lower authorities in identifying the said comparables. The assessee fails to rebut this comparability of the aforesaid three remaining entities in ‘ITES/BPO’ domain. The facts now zero-in to six comparables in fray. The assessee had initially itself selected 13 comparables and only three of them ( M/s Accentia Technologies, M/s Coral Hub Ltd. and M/s Cos... ... ...
2015 (1) TMI 466 - ITAT PUNE Benchmarking approach adopted / contemporaneous documentation rejected - transfer pricing adjustment - international transaction, pertaining to provision of software services ( IT services ) and customer support back office services ("ITES Services ) to the associated enterprise ( AE ), are not at arm s length under the Income-tax Act, 1961 - Held that:- We have upheld the plea of the assessee for IT service vis-à-vis exclusion of KALS Information System Ltd. and Bodhtree Consulting Ltd. from th... ... ...
2014 (11) TMI 429 - ITAT MUMBAI Determination of ALP – Selection of comparables – Held that:- Assessee has rendered marketing, sales support and coordination services to the group companies for their sales in India - The main transactions of assessee are in the nature of marketing and various sales support services, offers and quotes received from groups’ customers in India, providing information to group companies on market opportunities, trends follow up for payments and deliveries, etc. - this transaction of assessee was co... ... ...
2015 (4) TMI 8 - ITAT HYDERABAD Transfer pricing adjustment - selection of comparables - Held that:- Mold-Tek Technologies Ltd.during the year had shown super normal profit of 113 per cent. The co-ordinate bench of this Tribunal in the case of Capital IQ Information Systems (India) P. Ltd. v. Deputy CIT [2014 (3) TMI 626 - ITAT HYDERABAD] held that companies having extraordinarily high profit cannot be treated as comparable. That besides the activities of M/ s Mold-Tek is also found to be functionally different as it is involv... ... ...
2020 (10) TMI 1148 - ITAT DELHI TP Adjustment - comparable selection - application of turn-over filter - HELD THAT:- In absence of vital information of the margins of the various segments, the company could not be considered a good comparable because of the difficulty in bench marking the correct profit margin. In B.C. MANAGEMENT SERVICES PVT. LTD. [ 2017 (12) TMI 255 - DELHI HIGH COURT] noted that the presence of high brand value of the Tata brand also made TCS e- Serve Ltd. not a good comparable. TCS e-Serve cannot be held t... ... ...
|
