The tax department<\/a> has held back the export benefits of many companies that have three-way contracts, or tripartite agreements<\/a>, with multinationals, said people dealing with such cases. 间接税部门认为许多fintech公司,跨国银行的单位和其他实体提供它和IT驱动的服务,这样的协议真的不但是仅仅是中介或代理出口服务。 的税务部门阻碍了许多公司的出口效益三方合同,还是三方协议跨国公司,说人们处理此类案件。
The indirect-tax department is of the view that many fintech<\/a> companies, captive units of multinational banks and several other entities providing IT and IT-enabled services<\/a> that have such agreements don’t really export services but are merely intermediaries or agents.
As per current regulations, exports do not attract GST<\/a> and exporters can also claim refunds of the tax paid on inputs from the revenue department. This policy<\/a> is aimed at making Indian goods and services more competitive in the international markets.
“All tripartite agreements may not fall within the purview of intermediary services and hence it is important to examine whether the services are rendered on own account,” said Abhishek A Rastogi, partner at law firm Khaitan & Co.<\/a>
But according to the tax department’s rationale, if the Indian company is merely implementing what is being dictated by the foreign entity, then it is an intermediary and is not exporting any services.
Three-way agreements are usually signed among the Indian entity claiming the tax credit, a multinational and the multinational’s client.
In one of the cases, an India<\/a>n arm of a multinational has an agreement with two companies based outside India — a group company and the group company’s client — and does part of the IT implementation project for the client. In this case, the tripartite agreement was questioned and the refund held back, said people in the know.
This fresh scrutiny of fintech and IT\/ITeS<\/a> companies came after a split decision by a division bench of the Bombay High Court on refunds.
The lack of clarity is causing a lot of problems for many companies, according to industry trackers.<\/p><\/body>","next_sibling":[{"msid":83767397,"title":"CoWin designed to withstand maximum load: RS Sharma","entity_type":"ARTICLE","link":"\/news\/cowin-designed-to-withstand-maximum-load-rs-sharma\/83767397","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"83767170","title":"GST1","entity_type":"IMAGES","seopath":"news\/economy\/policy\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner\/gst1","category_name":"Fintech, IT\/ITeS companies with tripartite pacts under GST scanner","synopsis":"Three-way agreements are usually signed among the Indian entity claiming the tax credit, a multinational and the multinational\u2019s client.","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-82606\/83767170.cms?width=150&height=112","link":"\/image\/economy\/policy\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner\/gst1\/83767170"}],"msid":83767462,"entity_type":"ARTICLE","title":"Fintech, IT\/ITeS companies with tripartite pacts under GST scanner","synopsis":"The indirect-tax department is of the view that many fintech companies, captive units of multinational banks and several other entities providing IT and IT-enabled services that have such agreements don\u2019t really export services but are merely intermediaries or agents.","titleseo":"telecomnews\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner","status":"ACTIVE","authors":[{"author_name":"Sachin Dave","author_link":"\/author\/479239123\/sachin-dave","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479239123.cms?width=100&height=100","author_additional":{"thumbsize":true,"msid":479239123,"author_name":"Sachin Dave","author_seo_name":"sachin-dave","designation":"Senior Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2021-06-23 08:11:06","lastupd":"2021-06-23 08:12:12","breadcrumbTags":["tax department","IT-enabled services","IT services","IT\/ITeS","gst","tripartite agreements","India","FinTech","Khaitan & Co.","policy"],"secinfo":{"seolocation":"telecomnews\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner"}}" data-authors="[" sachin dave"]" data-category-name="" data-category_id="" data-date="2021-06-23" data-index="article_1">
Fintech,针对公司的三方协议在销售税扫描仪
间接税部门认为很多fintech公司、跨国银行的单位和其他实体提供它it驱动的服务有这样的协议真的不但是仅仅是中介或代理出口服务。
按照目前的规定,出口不吸引销售税和出口商也可以要求退款支付的税收收入部门的输入。这政策旨在使印度商品和服务在国际市场的竞争力。
但是根据税务部门的理由,如果印度公司仅仅是实现内容由外国实体,那么它是一个中介,不是出口任何服务。
通常签署三方协议在印度实体声称税收抵免,跨国公司和跨国的客户机。
在一个案例中,一个印度n的一个基于跨国公司与两家公司达成协议外印度——集团公司和集团公司的客户端和客户的IT实现项目的一部分。在这种情况下,三方协议是质疑和退款了,说的人知道。
这新鲜fintech和审查它/工艺公司是在一个部门意见分歧板凳孟买高等法院的退款。
缺乏透明度是给许多企业带来很多问题,根据行业追踪器。
The tax department<\/a> has held back the export benefits of many companies that have three-way contracts, or tripartite agreements<\/a>, with multinationals, said people dealing with such cases.
The indirect-tax department is of the view that many fintech<\/a> companies, captive units of multinational banks and several other entities providing IT and IT-enabled services<\/a> that have such agreements don’t really export services but are merely intermediaries or agents.
As per current regulations, exports do not attract GST<\/a> and exporters can also claim refunds of the tax paid on inputs from the revenue department. This policy<\/a> is aimed at making Indian goods and services more competitive in the international markets.
“All tripartite agreements may not fall within the purview of intermediary services and hence it is important to examine whether the services are rendered on own account,” said Abhishek A Rastogi, partner at law firm Khaitan & Co.<\/a>
But according to the tax department’s rationale, if the Indian company is merely implementing what is being dictated by the foreign entity, then it is an intermediary and is not exporting any services.
Three-way agreements are usually signed among the Indian entity claiming the tax credit, a multinational and the multinational’s client.
In one of the cases, an India<\/a>n arm of a multinational has an agreement with two companies based outside India — a group company and the group company’s client — and does part of the IT implementation project for the client. In this case, the tripartite agreement was questioned and the refund held back, said people in the know.
This fresh scrutiny of fintech and IT\/ITeS<\/a> companies came after a split decision by a division bench of the Bombay High Court on refunds.
The lack of clarity is causing a lot of problems for many companies, according to industry trackers.<\/p><\/body>","next_sibling":[{"msid":83767397,"title":"CoWin designed to withstand maximum load: RS Sharma","entity_type":"ARTICLE","link":"\/news\/cowin-designed-to-withstand-maximum-load-rs-sharma\/83767397","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"83767170","title":"GST1","entity_type":"IMAGES","seopath":"news\/economy\/policy\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner\/gst1","category_name":"Fintech, IT\/ITeS companies with tripartite pacts under GST scanner","synopsis":"Three-way agreements are usually signed among the Indian entity claiming the tax credit, a multinational and the multinational\u2019s client.","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-82606\/83767170.cms?width=150&height=112","link":"\/image\/economy\/policy\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner\/gst1\/83767170"}],"msid":83767462,"entity_type":"ARTICLE","title":"Fintech, IT\/ITeS companies with tripartite pacts under GST scanner","synopsis":"The indirect-tax department is of the view that many fintech companies, captive units of multinational banks and several other entities providing IT and IT-enabled services that have such agreements don\u2019t really export services but are merely intermediaries or agents.","titleseo":"telecomnews\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner","status":"ACTIVE","authors":[{"author_name":"Sachin Dave","author_link":"\/author\/479239123\/sachin-dave","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479239123.cms?width=100&height=100","author_additional":{"thumbsize":true,"msid":479239123,"author_name":"Sachin Dave","author_seo_name":"sachin-dave","designation":"Senior Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2021-06-23 08:11:06","lastupd":"2021-06-23 08:12:12","breadcrumbTags":["tax department","IT-enabled services","IT services","IT\/ITeS","gst","tripartite agreements","India","FinTech","Khaitan & Co.","policy"],"secinfo":{"seolocation":"telecomnews\/fintech-it\/ites-companies-with-tripartite-pacts-under-gst-scanner"}}" data-news_link="//www.iser-br.com/news/fintech-it/ites-companies-with-tripartite-pacts-under-gst-scanner/83767462">
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