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...
No evidence showed that the customs broker knowingly participated in or abetted the attempted export of prohibited red sanders concealed in consignments declared as granite slabs. The Tribunal accepted that he had failed to verify the exporters' antecedents and had not met the due diligence and KYC standards expected under customs clearance work, so penalty was justified in principle under Section 114. As knowledge or involvement in the smuggling was not established, and the appellate record itself noted he was not involved in the nefarious activity, the penalty was found excessive and reduced to a nominal amount.
No evidence showed that the customs broker knowingly participated in or abetted the attempted export of prohibited red sanders concealed in consignments declared as granite slabs. The Tribunal accepted that he had failed to verify the exporters' antecedents and had not met the due diligence and KYC standards expected under customs clearance work, so penalty was justified in principle under Section 114. As knowledge or involvement in the smuggling was not established, and the appellate record itself noted he was not involved in the nefarious activity, the penalty was found excessive and reduced to a nominal amount.
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