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...
Mandatory pre-show cause intimation under Rule 142(1)(A) was not issued before initiation of the assessment proceedings, and that fact was undisputed. Applying the earlier Division Bench ruling on the same point, the HC held that such non-compliance vitiates the assessment order and requires it to be set aside. The impugned assessment for the relevant financial year was accordingly quashed, and the matter was remanded for fresh assessment in accordance with law, subject to deposit of 20% of the disputed tax within the time granted.
Mandatory pre-show cause intimation under Rule 142(1)(A) was not issued before initiation of the assessment proceedings, and that fact was undisputed. Applying the earlier Division Bench ruling on the same point, the HC held that such non-compliance vitiates the assessment order and requires it to be set aside. The impugned assessment for the relevant financial year was accordingly quashed, and the matter was remanded for fresh assessment in accordance with law, subject to deposit of 20% of the disputed tax within the time granted.
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