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...
Interrogatories are maintainable in oppression and mismanagement proceedings when they seek material facts directly connected with the pleaded allegations, and discovery and inspection may be ordered under the Companies Act, the Companies (Court) Rules and the Company Law Board Regulations read with the CPC. The court treated interrogatories on transfer of business, sale of assets, alternate land and stoppage of business as relevant and not a fishing, vexatious, oppressive or scandalous enquiry. Rejection on delay was unsustainable because the application was moved after pleadings were completed and no limitation applied. The rejection was set aside and the respondents were directed to answer the interrogatories.
Interrogatories are maintainable in oppression and mismanagement proceedings when they seek material facts directly connected with the pleaded allegations, and discovery and inspection may be ordered under the Companies Act, the Companies (Court) Rules and the Company Law Board Regulations read with the CPC. The court treated interrogatories on transfer of business, sale of assets, alternate land and stoppage of business as relevant and not a fishing, vexatious, oppressive or scandalous enquiry. Rejection on delay was unsustainable because the application was moved after pleadings were completed and no limitation applied. The rejection was set aside and the respondents were directed to answer the interrogatories.
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