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...
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...
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Operational debt may arise from an advance paid for goods where a consortium agreement assigns supply obligations to the corporate debtor and other evidence establishes the commercial nexus; an invoice is not indispensable. Receipt of the advance, cheques issued by the corporate debtor, and a later withdrawn invoice supported characterisation as payment for supplies rather than an unsupported security deposit. A pre-existing dispute must exist before the demand notice; post-notice objections and account-reconciliation assertions do not suffice. The insolvency application was revived for admission, subject to a time-bound opportunity for the corporate debtor to prove payment.
Operational debt may arise from an advance paid for goods where a consortium agreement assigns supply obligations to the corporate debtor and other evidence establishes the commercial nexus; an invoice is not indispensable. Receipt of the advance, cheques issued by the corporate debtor, and a later withdrawn invoice supported characterisation as payment for supplies rather than an unsupported security deposit. A pre-existing dispute must exist before the demand notice; post-notice objections and account-reconciliation assertions do not suffice. The insolvency application was revived for admission, subject to a time-bound opportunity for the corporate debtor to prove payment.
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