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...
SFIO prosecutions under the Companies Act, 2013 follow a self-contained special procedure, and the investigation report under Section 212(15) is treated as a police report for cognizance purposes. The HC held that this statutory scheme excludes the BNSS proviso on notice before cognizance, because Section 223 applies to Magistrates and not to Special Courts functioning under the Companies Act. The Court further held that the Act overrides inconsistent general criminal procedure, so no pre-cognizance hearing is required before the Special Court in an SFIO complaint.
SFIO prosecutions under the Companies Act, 2013 follow a self-contained special procedure, and the investigation report under Section 212(15) is treated as a police report for cognizance purposes. The HC held that this statutory scheme excludes the BNSS proviso on notice before cognizance, because Section 223 applies to Magistrates and not to Special Courts functioning under the Companies Act. The Court further held that the Act overrides inconsistent general criminal procedure, so no pre-cognizance hearing is required before the Special Court in an SFIO complaint.
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