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...
Rejection of declared transaction value was sustained because the importer and overseas suppliers were owned or controlled by the same persons, creating reasonable doubt about the truth of the declared price under customs valuation rules. Once transaction value was rejected, valuation had to proceed strictly in sequence through the prescribed rules; the authority could not combine rules or apply Rule 8 on an unspecified basis. Arbitrary loading based on an average undervaluation percentage was impermissible. Redetermination survived only for consignments where an actual invoice established the true value and for undeclared goods supported by contemporaneous imports. Confiscation, redemption fine and penalties under multiple provisions were set aside.
Rejection of declared transaction value was sustained because the importer and overseas suppliers were owned or controlled by the same persons, creating reasonable doubt about the truth of the declared price under customs valuation rules. Once transaction value was rejected, valuation had to proceed strictly in sequence through the prescribed rules; the authority could not combine rules or apply Rule 8 on an unspecified basis. Arbitrary loading based on an average undervaluation percentage was impermissible. Redetermination survived only for consignments where an actual invoice established the true value and for undeclared goods supported by contemporaneous imports. Confiscation, redemption fine and penalties under multiple provisions were set aside.
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