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...
Refund claim - amount was paid in GST era under Reverse Charge Mechanism - The Tribunal relied on Section 142(8)(a) of the CGST Act, 2017, which states that if any amount becomes recoverable from a person as a result of assessment or adjudication proceedings under the existing law, and unless recovered under the existing law, it shall be recovered as an arrear of tax under the GST Act. - The CESTAT upheld the decision of the lower authorities that the payment made by the appellant was part of a recovery action under the enforcement done by the department. Therefore, the duty, interest, and penalty were paid for an extended period and the refund claim was not admissible.
Refund claim - amount was paid in GST era under Reverse Charge Mechanism - The Tribunal relied on Section 142(8)(a) of the CGST Act, 2017, which states that if any amount becomes recoverable from a person as a result of assessment or adjudication proceedings under the existing law, and unless recovered under the existing law, it shall be recovered as an arrear of tax under the GST Act. - The CESTAT upheld the decision of the lower authorities that the payment made by the appellant was part of a recovery action under the enforcement done by the department. Therefore, the duty, interest, and penalty were paid for an extended period and the refund claim was not admissible.
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