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...
Services performed and consumed outside India were held not taxable in India under reverse charge, because the overseas inspection and processing activities related to exported goods and fell outside the import-of-service rule. The Tribunal also found the classification in the impugned order unsustainable, since the same services were not given a clear and consistent sub-clause under Business Auxiliary Service. Best judgment computation based on doubled historical figures was rejected as arbitrary where there was no evidence of later payments. The extended period of limitation was also denied, as prior audits and filed returns undermined any allegation of suppression or intent to evade.
Services performed and consumed outside India were held not taxable in India under reverse charge, because the overseas inspection and processing activities related to exported goods and fell outside the import-of-service rule. The Tribunal also found the classification in the impugned order unsustainable, since the same services were not given a clear and consistent sub-clause under Business Auxiliary Service. Best judgment computation based on doubled historical figures was rejected as arbitrary where there was no evidence of later payments. The extended period of limitation was also denied, as prior audits and filed returns undermined any allegation of suppression or intent to evade.
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