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...
Manner of making Pre-deposit before filing an Appeal - Utilization of Input Tax credit (ITC) available in the Electronic Credit Ledger (ECL) - The petitioner approached the court seeking relief regarding the utilization of the Electronic Credit Ledger for payment of pre-deposit as required under the CGST Act. The petitioner argued that a circular issued by the GST Policy Wing allowed for such utilization, while the respondent did not dispute the legal precedent set by the Bombay High Court on the matter. After considering the arguments and the relevant legal provisions, the court ruled in favor of the petitioner, allowing the use of the Electronic Credit Ledger for the pre-deposit payment.
Manner of making Pre-deposit before filing an Appeal - Utilization of Input Tax credit (ITC) available in the Electronic Credit Ledger (ECL) - The petitioner approached the court seeking relief regarding the utilization of the Electronic Credit Ledger for payment of pre-deposit as required under the CGST Act. The petitioner argued that a circular issued by the GST Policy Wing allowed for such utilization, while the respondent did not dispute the legal precedent set by the Bombay High Court on the matter. After considering the arguments and the relevant legal provisions, the court ruled in favor of the petitioner, allowing the use of the Electronic Credit Ledger for the pre-deposit payment.
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