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...
Section 37A(1) of FEMA was held to apply where a foreign immovable property continued to be held by a resident in India on the date of seizure, even if acquired before the provision came into force; the challenge based on retrospective application therefore failed and the authorised officer had a prima facie basis to invoke seizure power. However, once the foreign property had been transferred and equivalent foreign exchange had been repatriated into India, the object of Section 37A was satisfied and the seizure of the equivalent asset in India was set aside under the proviso to Section 37A(4), leaving open adjudication for the earlier period of alleged contravention.
Section 37A(1) of FEMA was held to apply where a foreign immovable property continued to be held by a resident in India on the date of seizure, even if acquired before the provision came into force; the challenge based on retrospective application therefore failed and the authorised officer had a prima facie basis to invoke seizure power. However, once the foreign property had been transferred and equivalent foreign exchange had been repatriated into India, the object of Section 37A was satisfied and the seizure of the equivalent asset in India was set aside under the proviso to Section 37A(4), leaving open adjudication for the earlier period of alleged contravention.
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