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...
Related party status, guarantee claim limits and security-interest restrictions determined the treatment of the appellant's CIRP claim. The tribunal found related party status on the basis of step-down subsidiary control, and treated prior BIFR status as irrelevant. It upheld rejection of the HSBC-related secured claim because the payer/guarantor had no assignable debt. A non-resident could not acquire security in the corporate debtor's immovable property without RBI permission under FERA, so secured-creditor status was denied for that asset class. The admitted guarantee claim was confined to the amount actually paid, and post-facto RBI approval could not enlarge it. Approval of the resolution plan and CoC distribution mechanism was sustained.
Related party status, guarantee claim limits and security-interest restrictions determined the treatment of the appellant's CIRP claim. The tribunal found related party status on the basis of step-down subsidiary control, and treated prior BIFR status as irrelevant. It upheld rejection of the HSBC-related secured claim because the payer/guarantor had no assignable debt. A non-resident could not acquire security in the corporate debtor's immovable property without RBI permission under FERA, so secured-creditor status was denied for that asset class. The admitted guarantee claim was confined to the amount actually paid, and post-facto RBI approval could not enlarge it. Approval of the resolution plan and CoC distribution mechanism was sustained.
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