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...
For periods before 14 May 2015, Section 67 of the Finance Act, 1994 confined the taxable value of Customs House Agent services to consideration charged for the taxable service. Rule 5 could not expand that value to include genuine reimbursements of third-party payments, including port, steamer-agent, container freight station, terminal-handling, demurrage and related charges incurred for clients. Recovery of those amounts from clients did not convert them into consideration for CHA services. The later inclusion of reimbursable expenditure in the valuation provision operated prospectively; related service-tax, interest and penalty demands therefore could not stand.
For periods before 14 May 2015, Section 67 of the Finance Act, 1994 confined the taxable value of Customs House Agent services to consideration charged for the taxable service. Rule 5 could not expand that value to include genuine reimbursements of third-party payments, including port, steamer-agent, container freight station, terminal-handling, demurrage and related charges incurred for clients. Recovery of those amounts from clients did not convert them into consideration for CHA services. The later inclusion of reimbursable expenditure in the valuation provision operated prospectively; related service-tax, interest and penalty demands therefore could not stand.
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