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...
TDS credit must be considered where tax was actually deducted from a deductee's income or payment but was not remitted by the deductor. The statutory bar on recovering such tax from the deductee operates once actual deduction is established, preventing double recovery while permitting action against the defaulting deductor. Absence of Form 16, Form 16A or Form 26AS is not conclusive where the deductor has failed to deposit or report TDS. Deductees may rely on cogent evidence, including salary slips, bank records, invoices, payment advices, ledgers, correspondence or insolvency claims. Prima facie claims require factual verification rather than mechanical rejection, with related demands kept in abeyance pending determination.
TDS credit must be considered where tax was actually deducted from a deductee's income or payment but was not remitted by the deductor. The statutory bar on recovering such tax from the deductee operates once actual deduction is established, preventing double recovery while permitting action against the defaulting deductor. Absence of Form 16, Form 16A or Form 26AS is not conclusive where the deductor has failed to deposit or report TDS. Deductees may rely on cogent evidence, including salary slips, bank records, invoices, payment advices, ledgers, correspondence or insolvency claims. Prima facie claims require factual verification rather than mechanical rejection, with related demands kept in abeyance pending determination.
Note: It is a system-generated summary and is for quick reference only.