Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
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...
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Reassessment following a completed scrutiny assessment was initiated on alleged inflation of Special Economic Zone export profits through non-payment of interest on partners' capital and below-market gold purchases from a sister concern. Relevant transaction particulars had been available during the original assessment, while the amended partnership deed-specifically brought to the Assessing Officer's attention-had rendered the interest-payment clause inoperative. The reopening nevertheless relied on the original deed. Objections concerning the rate and fineness of gold were also not addressed. The reassessment notice and the order rejecting objections were quashed, and the writ petition succeeded.
Reassessment following a completed scrutiny assessment was initiated on alleged inflation of Special Economic Zone export profits through non-payment of interest on partners' capital and below-market gold purchases from a sister concern. Relevant transaction particulars had been available during the original assessment, while the amended partnership deed-specifically brought to the Assessing Officer's attention-had rendered the interest-payment clause inoperative. The reopening nevertheless relied on the original deed. Objections concerning the rate and fineness of gold were also not addressed. The reassessment notice and the order rejecting objections were quashed, and the writ petition succeeded.
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