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...
Profit attribution to an Indian dependent agency permanent establishment (DAPE) may extend beyond arm's length remuneration where the transfer-pricing analysis fails to capture all functions performed and risks assumed. A Mutual Agreement Procedure resolution binds only the assessment years expressly covered, though its methodology may be applied to other years if facts and functions remain unchanged. Where the DAPE undertakes additional activities beyond those disclosed in the transfer-pricing study, a separate attribution is warranted; profit was restricted to 12% of advertisement revenue rather than the estimated rate. Tax credit for taxes paid by the DAPE requires verification and quantification. Interest is consequential, while a challenge to penalty initiation at assessment stage is premature.
Profit attribution to an Indian dependent agency permanent establishment (DAPE) may extend beyond arm's length remuneration where the transfer-pricing analysis fails to capture all functions performed and risks assumed. A Mutual Agreement Procedure resolution binds only the assessment years expressly covered, though its methodology may be applied to other years if facts and functions remain unchanged. Where the DAPE undertakes additional activities beyond those disclosed in the transfer-pricing study, a separate attribution is warranted; profit was restricted to 12% of advertisement revenue rather than the estimated rate. Tax credit for taxes paid by the DAPE requires verification and quantification. Interest is consequential, while a challenge to penalty initiation at assessment stage is premature.
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