Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
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...
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Captive IT/software development service providers may exclude giant comparables where the comparables' turnover is more than ten times the assessee's, so Infosys, Wipro, LTI Mindtree and Cybage were directed to be excluded. Where the remaining companies appeared to have diversified product, agency or consultancy functions, their FAR comparability could not be finally decided on the existing record, and the matter was remanded to the AO/TPO for fresh benchmarking. Delayed trade receivables from an associated enterprise were treated as a separate international transaction; interest was sustained in principle, but only after allowing a standard credit period before computing delay. The appeal was partly allowed for statistical purposes.
Captive IT/software development service providers may exclude giant comparables where the comparables' turnover is more than ten times the assessee's, so Infosys, Wipro, LTI Mindtree and Cybage were directed to be excluded. Where the remaining companies appeared to have diversified product, agency or consultancy functions, their FAR comparability could not be finally decided on the existing record, and the matter was remanded to the AO/TPO for fresh benchmarking. Delayed trade receivables from an associated enterprise were treated as a separate international transaction; interest was sustained in principle, but only after allowing a standard credit period before computing delay. The appeal was partly allowed for statistical purposes.
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