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...
A bank could not be treated as an assessee in default under section 201 for not deducting tax at source from leave fare concession or leave travel concession payments to employees, because subsisting interim directions of the Madras High Court created a legal embargo on deduction during the relevant period. The Tribunal accepted that compliance with the interim court order prevented deduction of tax and that deduction contrary to that order would have been impermissible. Relying on earlier High Court and co-ordinate Bench authority, it held that default liability could not be fastened on the bank for the impugned non-deduction in the relevant assessment years, and allowed both appeals.
A bank could not be treated as an assessee in default under section 201 for not deducting tax at source from leave fare concession or leave travel concession payments to employees, because subsisting interim directions of the Madras High Court created a legal embargo on deduction during the relevant period. The Tribunal accepted that compliance with the interim court order prevented deduction of tax and that deduction contrary to that order would have been impermissible. Relying on earlier High Court and co-ordinate Bench authority, it held that default liability could not be fastened on the bank for the impugned non-deduction in the relevant assessment years, and allowed both appeals.
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