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...
Service of a Section 7 petition by e-mail to the corporate debtor's MCA-registered address, together with attempted service at the registered office and newspaper publication, was held to be valid and sufficient; the plea of denial of hearing and breach of natural justice was rejected. The tribunal also held that Section 7 maintainability depends on a financial debt and default above the prescribed threshold, and that default in payment of interest forming part of the financial debt is enough to sustain admission. A one-time settlement was treated as a conditional arrangement, and its breach revived liability under the original loan; later payments were to be adjusted against the original dues. The admission order was upheld and the appeal dismissed.
Service of a Section 7 petition by e-mail to the corporate debtor's MCA-registered address, together with attempted service at the registered office and newspaper publication, was held to be valid and sufficient; the plea of denial of hearing and breach of natural justice was rejected. The tribunal also held that Section 7 maintainability depends on a financial debt and default above the prescribed threshold, and that default in payment of interest forming part of the financial debt is enough to sustain admission. A one-time settlement was treated as a conditional arrangement, and its breach revived liability under the original loan; later payments were to be adjusted against the original dues. The admission order was upheld and the appeal dismissed.
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