Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
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...
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Assessable value of a body-built motor vehicle manufactured on job work includes the chassis value on which duty was paid, including the additional margin applied under Rule 8, together with the job worker's material cost, expenses and profit. The manufacturer's anticipated resale profit and post-receipt expenses remain excluded. Although this valuation component was required to be included, extended limitation for duty recovery requires fraud, collusion, wilful misstatement, wilful suppression, or intent to evade duty. Departmental knowledge that the chassis had been valued at 110% of manufacturing cost precluded treating the job worker's omission as wilful suppression. A notice issued beyond the ordinary limitation period was therefore time-barred, resulting in the demand and penalty being set aside.
Assessable value of a body-built motor vehicle manufactured on job work includes the chassis value on which duty was paid, including the additional margin applied under Rule 8, together with the job worker's material cost, expenses and profit. The manufacturer's anticipated resale profit and post-receipt expenses remain excluded. Although this valuation component was required to be included, extended limitation for duty recovery requires fraud, collusion, wilful misstatement, wilful suppression, or intent to evade duty. Departmental knowledge that the chassis had been valued at 110% of manufacturing cost precluded treating the job worker's omission as wilful suppression. A notice issued beyond the ordinary limitation period was therefore time-barred, resulting in the demand and penalty being set aside.
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