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...
Excess drawback paid under self-assessed export shipping bills cannot be recovered directly under Section 75A(2) merely because exported goods were subsequently found misclassified. A subsisting self-assessment remains the basis of payment until the proper officer reassesses it under Section 17(4), or follows the Section 18 procedure where applicable, to determine liability. Recovery proceedings initiated without prior reassessment, and consequential revisional and appellate orders, were set aside. Reassessment or other action under Sections 17 and 18 may be pursued where legally permissible.
Excess drawback paid under self-assessed export shipping bills cannot be recovered directly under Section 75A(2) merely because exported goods were subsequently found misclassified. A subsisting self-assessment remains the basis of payment until the proper officer reassesses it under Section 17(4), or follows the Section 18 procedure where applicable, to determine liability. Recovery proceedings initiated without prior reassessment, and consequential revisional and appellate orders, were set aside. Reassessment or other action under Sections 17 and 18 may be pursued where legally permissible.
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