Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Profit attribution to an Indian permanent establishment in cross-border M&A deals depended on the actual functions performed by each branch. The Tribunal noted that the assessee's model first split deal revenue between origination and execution, then allocated it according to each branch's role; email evidence showed active UK team involvement in execution, and the department's acceptance of substantial origination revenue allocation to overseas branches in the same deals supported that approach. The rejection of shared execution revenue was therefore unsustainable, and the addition attributed entirely to the Indian PE was deleted. The MAT credit claim was not decided on merits and was restored for factual verification and grant in accordance with law.
Profit attribution to an Indian permanent establishment in cross-border M&A deals depended on the actual functions performed by each branch. The Tribunal noted that the assessee's model first split deal revenue between origination and execution, then allocated it according to each branch's role; email evidence showed active UK team involvement in execution, and the department's acceptance of substantial origination revenue allocation to overseas branches in the same deals supported that approach. The rejection of shared execution revenue was therefore unsustainable, and the addition attributed entirely to the Indian PE was deleted. The MAT credit claim was not decided on merits and was restored for factual verification and grant in accordance with law.
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