Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Royalty paid for technical know-how may be benchmarked under the transactional net margin method where it is intrinsically linked to manufacturing operations and entity-level margins are arm's length. A domestic royalty rate is not automatically a comparable uncontrolled price for export sales without demonstrated comparability of terms, markets, volumes and business conditions. The notes also address the stringent functional comparability required for commission benchmarking, indexation and transfer-expense verification in capital gains, and appellate consideration of an additional industrial-shifting exemption claim. They further cover non-taxability of overseas commission absent an Indian business connection or permanent establishment, and the presumption that investments derive from own funds where such funds exceed investments.
Royalty paid for technical know-how may be benchmarked under the transactional net margin method where it is intrinsically linked to manufacturing operations and entity-level margins are arm's length. A domestic royalty rate is not automatically a comparable uncontrolled price for export sales without demonstrated comparability of terms, markets, volumes and business conditions. The notes also address the stringent functional comparability required for commission benchmarking, indexation and transfer-expense verification in capital gains, and appellate consideration of an additional industrial-shifting exemption claim. They further cover non-taxability of overseas commission absent an Indian business connection or permanent establishment, and the presumption that investments derive from own funds where such funds exceed investments.
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