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...
Depreciation on goodwill was disallowed because the claimed goodwill rested only on a business transfer agreement that was unsigned by the buyer and unregistered, with no other duly executed document produced. The Tribunal applied the principle that an unsigned document lacks legal sanctity and that an unregistered agreement has no enforceable effect in law. It also noted that the seller's proprietor was a designated partner of the assessee LLP, contrary to the claim of no relationship between the parties. On that basis, the alleged goodwill had no value in law and the disallowance was sustained.
Depreciation on goodwill was disallowed because the claimed goodwill rested only on a business transfer agreement that was unsigned by the buyer and unregistered, with no other duly executed document produced. The Tribunal applied the principle that an unsigned document lacks legal sanctity and that an unregistered agreement has no enforceable effect in law. It also noted that the seller's proprietor was a designated partner of the assessee LLP, contrary to the claim of no relationship between the parties. On that basis, the alleged goodwill had no value in law and the disallowance was sustained.
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