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...
Section 48 requires capital gains to be computed using the consideration actually received or accruing, unless an applicable deeming provision permits substitution with fair market value. Redemption proceeds from non-cumulative preference shares therefore cannot be replaced by the price of equity shares in the same company, because the share classes carry different rights and no additional consideration was established. The provision for unquoted-share transfers and the rule for unascertainable consideration do not apply where redemption consideration is ascertainable. A claim for enhanced acquisition cost following capital reduction and consolidation requires factual verification of acquisition records, share identity, legal effect and cost allocation; it cannot be raised as a pure legal ground without an existing factual record.
Section 48 requires capital gains to be computed using the consideration actually received or accruing, unless an applicable deeming provision permits substitution with fair market value. Redemption proceeds from non-cumulative preference shares therefore cannot be replaced by the price of equity shares in the same company, because the share classes carry different rights and no additional consideration was established. The provision for unquoted-share transfers and the rule for unascertainable consideration do not apply where redemption consideration is ascertainable. A claim for enhanced acquisition cost following capital reduction and consolidation requires factual verification of acquisition records, share identity, legal effect and cost allocation; it cannot be raised as a pure legal ground without an existing factual record.
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