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India: GST on lapsed reward points; tax treaty with Israel

India: GST on lapsed reward points; tax treaty

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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  • Value of lapsed “loyalty points” subject to GST: The Authority for Advance Ruling Haryana found that forfeited “payback points” (loyalty reward points) on which consideration was received and retained were to be treated as supply of service and, accordingly, the value was subject to goods and services tax (GST). Read an August 2018 report [PDF 657 KB]
  • Deposits of less than 20% for stay of demand: The Supreme Court of India held that tax authorities can grant deposit orders of less than 20% for a stay of demand. The case is: LG Electronics India Pvt Ltd. Read a July 2018 report [PDF 725 KB]
  • “Most favoured nation” clause, income tax treaty with Israel: The Ahmedabad Bench of the Income-tax Appellate Tribunal decided that the “most favoured nation” clause in the Protocol to the India-Israel income tax treaty was automatic and applied prospectively. At issue was the treatment of payments for active pharmaceutical ingredient and formulation services. The case is: Sun Pharmaceutical Laboratories Ltd. Read a July 2018 report [PDF 567 KB]
  • CBDT action plan for 2018-2019: The Central Board of Direct Taxes (CBDT) released its action plan for 2018-19. Areas of focus include litigation management, liquidation of tax arrearages, broadening of the tax base, and strengthening compliance and enforcement functions. Read a July 2018 report [PDF 778 KB]

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