Tribunal rules Indian subsidiary and foreign parent operate as distinct legal entities for exports
The tribunal clarified that distinct corporate registration and principal-to-principal contracts establish independent business operations. This framework qualifies transactions as exports and entitles the entity to unutilised input tax credit refunds alongside statutory interest.
Effective Not specified in the update
For professionals: Review existing intercompany agreements between Indian subsidiaries and foreign parents to ensure explicit principal-to-principal clauses are documented. · Advise clients to establish distinct legal personality through formal incorporation and arm's-length contractual terms to prevent tax authorities from mischaracterizing international service delivery as domestic intermediary operations. · Assist taxpayers in securing refunds of unutilised input tax credit together with applicable statutory interest for transactions substantiated as exports.
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