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...
Interest on belated payment of self-assessed tax was held recoverable as a statutory consequence under section 50(1) where the tax was paid only after departmental pointing-out. Sections 73 and 74, read with section 75(12) and section 79, were treated as a complete code for the relevant recovery mechanism, and unpaid interest remained recoverable notwithstanding those provisions. The explanation to section 75(12) was read broadly enough to cover tax payable on outward supplies not included in the return, so the recovery proceedings were sustainable. Mere reference to section 74 in the summary forms did not invalidate them, though the matter was remitted for reconsideration of the reply and a fresh order.
Interest on belated payment of self-assessed tax was held recoverable as a statutory consequence under section 50(1) where the tax was paid only after departmental pointing-out. Sections 73 and 74, read with section 75(12) and section 79, were treated as a complete code for the relevant recovery mechanism, and unpaid interest remained recoverable notwithstanding those provisions. The explanation to section 75(12) was read broadly enough to cover tax payable on outward supplies not included in the return, so the recovery proceedings were sustainable. Mere reference to section 74 in the summary forms did not invalidate them, though the matter was remitted for reconsideration of the reply and a fresh order.
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