Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
Royalty, franchise fee and related marketing spend were not includible in customs assessable value unless the payment was related to the imported goods and made as a condition of sale. The franchise fee here was paid for post-import rights to sell, distribute and promote branded goods in India, so it did not form part of transaction value. Advertisement, promotion and corporate marketing expenditure incurred by the buyer on its own account, and not to satisfy any obligation of the foreign seller, was likewise excluded. The extended period of limitation was unavailable because the import and valuation facts were already within Revenue's knowledge; confiscation, redemption fine and penalty were therefore set aside.
Royalty, franchise fee and related marketing spend were not includible in customs assessable value unless the payment was related to the imported goods and made as a condition of sale. The franchise fee here was paid for post-import rights to sell, distribute and promote branded goods in India, so it did not form part of transaction value. Advertisement, promotion and corporate marketing expenditure incurred by the buyer on its own account, and not to satisfy any obligation of the foreign seller, was likewise excluded. The extended period of limitation was unavailable because the import and valuation facts were already within Revenue's knowledge; confiscation, redemption fine and penalty were therefore set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
