Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
A binding advance pricing agreement covering the relevant intra-group second line support services prevented disallowance of the related expenditure on business expediency grounds. The Tribunal held that, once a transaction falls within an APA, it binds both the Department and the assessee because the APA process already examines functions, assets, risks, benefit, and cost allocation; that itself establishes business purpose. The Assessing Officer could not ignore the APA and disallow the expenditure under section 37(1), particularly where no reasons were recorded for the disallowance and similar expenditure had been accepted in earlier years. The disallowance was deleted and the assessee's claim was allowed.
A binding advance pricing agreement covering the relevant intra-group second line support services prevented disallowance of the related expenditure on business expediency grounds. The Tribunal held that, once a transaction falls within an APA, it binds both the Department and the assessee because the APA process already examines functions, assets, risks, benefit, and cost allocation; that itself establishes business purpose. The Assessing Officer could not ignore the APA and disallow the expenditure under section 37(1), particularly where no reasons were recorded for the disallowance and similar expenditure had been accepted in earlier years. The disallowance was deleted and the assessee's claim was allowed.
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