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TMI Blog2024 (8) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... tage of reply to the show-cause notice. The authorities while considering the reply to the show-cause notice ought to take note of the Circular bearing No.210/4/2024-GST dated 26.06.2024, part of which has been extracted above. Insofar as other points for consideration are concerned, no observation is made regarding the same and it is open to the authority to take considered decision regarding other contentions. The matter is relegated to the stage of reply to the show-cause notice. Needless to state the authorities concerned can take note of applicability of the Circular to the facts on hand. Reply of the petitioner to be made within a period of three weeks from the date of receipt of certified copy of the order. - HON'BLE MR JUSTICE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recovered as reimbursements from the petitioner. 5. It is submitted that respondent no.4 has sought to initiate proceedings and sought for details on the amounts paid to expats deputed from overseas group entities along with the payment details. 6. It is the contention of the learned counsel for petitioner that the value of supply and services by the overseas entities is to be determined by taking the value of supply and the services by overseas entities is to be determined by taking the value prevalent in the invoices, which would be open market value in terms of Section 15 (4) of the CGST Act, 2017 read with Second Proviso to Rule 28 of the CGST Rules, 2017. Reference is also placed by the learned counsel for petitioner to Circular No. 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value of such supply of services declared in the invoice by the said related domestic entity may be deemed as open market value in terms of second proviso to rule 28 (1) of CGST Rules. Further, in cases where full input tax credit is available to the recipient, if the invoice is not issued by the related domestic entity with respect to any service provided by the foreign affiliate to it, the value of such services may be deemed to be declared as Nil, and may be deemed as open market value in terms of second proviso to rule 28 (1) of CGST Rules. 4. It is requested that suitable trade notices may be issued to publicize the contents of this Circular 10. In view of the above, without entering into the merits of the matter, the petitioner is rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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