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 reassessment notice issued after expiry of three years from the end of the relevant assessment year required sanction from the higher specified authority under section 151(ii); approval from the Principal Commissioner was insufficient. The Tribunal held that section 151 distinguishes between notices within three years and those issued later, and non-compliance with the correct sanction requirement goes to jurisdiction. The notice under section 148 was therefore invalid, and the assessment framed pursuant to it was quashed.
A reassessment notice issued after expiry of three years from the end of the relevant assessment year required sanction from the higher specified authority under section 151(ii); approval from the Principal Commissioner was insufficient. The Tribunal held that section 151 distinguishes between notices within three years and those issued later, and non-compliance with the correct sanction requirement goes to jurisdiction. The notice under section 148 was therefore invalid, and the assessment framed pursuant to it was quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
