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...
Seeking waiving off the payment of Court fees - economic hardship or other significant reasons - Refiling the Compensation Application against the order of the Competition Commission of India - The NCLAT found no such hardship or reason was presented that justified waiving the fee, despite the appellant's claim of being misled by their previous representative. - The NCLAT distinguished these cases from the present situation, noting that in those cases, the legal representatives' absence or default led to the proceedings' outcomes. In contrast, in the current case, the representative was present and actively participated, even though he was not authorized to practice law. Thus, the rationale of not penalizing the party for the representative's fault did not apply here as the representative's actions were not mere defaults or absences but involved active, albeit unauthorized, participation.
Seeking waiving off the payment of Court fees - economic hardship or other significant reasons - Refiling the Compensation Application against the order of the Competition Commission of India - The NCLAT found no such hardship or reason was presented that justified waiving the fee, despite the appellant's claim of being misled by their previous representative. - The NCLAT distinguished these cases from the present situation, noting that in those cases, the legal representatives' absence or default led to the proceedings' outcomes. In contrast, in the current case, the representative was present and actively participated, even though he was not authorized to practice law. Thus, the rationale of not penalizing the party for the representative's fault did not apply here as the representative's actions were not mere defaults or absences but involved active, albeit unauthorized, participation.
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