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...
Jewellery exported under the Replenishment Scheme was treated as manufactured through a fully mechanised process, so the applicable value addition norm was 2.05% rather than 3.5%. On that basis, the exporter was eligible to procure duty-free gold and the customs duty demand on the nominated agency failed. The Tribunal also held that the extended limitation period was unavailable because the shipping bills and provisional invoices disclosed the relevant particulars, including value addition, weights and rate, so suppression of facts and intent to evade duty were not proved. Penalties on the nominated agency, exporter and partner were set aside, including because the job worker's statement could not be relied on without cross-examination.
Jewellery exported under the Replenishment Scheme was treated as manufactured through a fully mechanised process, so the applicable value addition norm was 2.05% rather than 3.5%. On that basis, the exporter was eligible to procure duty-free gold and the customs duty demand on the nominated agency failed. The Tribunal also held that the extended limitation period was unavailable because the shipping bills and provisional invoices disclosed the relevant particulars, including value addition, weights and rate, so suppression of facts and intent to evade duty were not proved. Penalties on the nominated agency, exporter and partner were set aside, including because the job worker's statement could not be relied on without cross-examination.
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