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...
Settlement compensation received for withdrawal of pending suits and complaints was treated as a capital receipt, not taxable as capital gains or business income, because the assessee had only a right to sue and no enforceable property right capable of transfer. The Tribunal held that a right to sue is a personal right, not a capital asset, and compensation for giving it up does not attract section 45. It also noted that the failed acquisition had deprived the assessee of a prospective source of income. The protective addition was deleted because the disputed amount belonged to other corporate parties, had already been received and accounted for by them, and could not be assessed in the assessee's hands.
Settlement compensation received for withdrawal of pending suits and complaints was treated as a capital receipt, not taxable as capital gains or business income, because the assessee had only a right to sue and no enforceable property right capable of transfer. The Tribunal held that a right to sue is a personal right, not a capital asset, and compensation for giving it up does not attract section 45. It also noted that the failed acquisition had deprived the assessee of a prospective source of income. The protective addition was deleted because the disputed amount belonged to other corporate parties, had already been received and accounted for by them, and could not be assessed in the assessee's hands.
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