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...
Reinsurance premium remitted to non-resident reinsurers was not shown to be taxable in India either through a permanent establishment in India or as fees for technical services or royalty, so no tax was required to be withheld at source. The Tribunal noted that the Indian subsidiary was not the foreign reinsurer's PE for the relevant payments, and there was no material showing that technical, consultancy or similar services were rendered. The demand under section 201(1) and interest under section 201(1A) were therefore deleted, and the Revenue's appeal was dismissed.
Reinsurance premium remitted to non-resident reinsurers was not shown to be taxable in India either through a permanent establishment in India or as fees for technical services or royalty, so no tax was required to be withheld at source. The Tribunal noted that the Indian subsidiary was not the foreign reinsurer's PE for the relevant payments, and there was no material showing that technical, consultancy or similar services were rendered. The demand under section 201(1) and interest under section 201(1A) were therefore deleted, and the Revenue's appeal was dismissed.
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