Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
After the 01.04.1989 amendment, delayed payment of self-assessment tax under section 140A(3) no longer attracted penalty; the provision treated the assessee as in default only for recovery of unpaid tax and interest. In the absence of any corresponding expansion of section 221(1), penalty could not be imposed for such default under section 140A(3) read with section 221(1). The Tribunal therefore held the penalty unsustainable in law and directed its deletion. The issue of sufficient cause for the delay became academic once statutory authority for the penalty itself was lacking.
After the 01.04.1989 amendment, delayed payment of self-assessment tax under section 140A(3) no longer attracted penalty; the provision treated the assessee as in default only for recovery of unpaid tax and interest. In the absence of any corresponding expansion of section 221(1), penalty could not be imposed for such default under section 140A(3) read with section 221(1). The Tribunal therefore held the penalty unsustainable in law and directed its deletion. The issue of sufficient cause for the delay became academic once statutory authority for the penalty itself was lacking.
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