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...
The Tribunal held that the finding of excess procurement could not stand because the Commissioner relied on an earlier Bond-cum-Legal Undertaking and ignored the later one accepted by the competent authority; no excess beyond the permissible limit was shown on the revised basis. It further held that adverse findings on non-manufacture and diversion of duty-free imports were unsupported, as statements were not admissible without compliance with section 138B, NSDL data alone could not displace contemporaneous records, and the burden could not be shifted merely because export consignments were not examined. The related duty demand, joint and several liability, confiscation consequences, and penalties on entities and employees were set aside.
The Tribunal held that the finding of excess procurement could not stand because the Commissioner relied on an earlier Bond-cum-Legal Undertaking and ignored the later one accepted by the competent authority; no excess beyond the permissible limit was shown on the revised basis. It further held that adverse findings on non-manufacture and diversion of duty-free imports were unsupported, as statements were not admissible without compliance with section 138B, NSDL data alone could not displace contemporaneous records, and the burden could not be shifted merely because export consignments were not examined. The related duty demand, joint and several liability, confiscation consequences, and penalties on entities and employees were set aside.
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