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...
Levy of penalty u/r 25 of CER - Penalty on Registered Dealers, Unregistered Dealers and Transporters - Availment of fraudulent credit - issuance of Cenvatable invoices without actual dispatch of goods - The Tribunal held that penalties could indeed be imposed on registered dealers under Rule 25 for issuing Cenvatable invoices without actual movement of goods. The Tribunal found that the dealers had contravened the rules with the intent to evade payment of duty. - The Tribunal held that penalties were warranted for unregistered dealers and transporters who facilitated fraudulent activities, despite their claims that the goods did not reach the intended destination. The Tribunal emphasized the liability of all involved parties in facilitating fraudulent activities.
Levy of penalty u/r 25 of CER - Penalty on Registered Dealers, Unregistered Dealers and Transporters - Availment of fraudulent credit - issuance of Cenvatable invoices without actual dispatch of goods - The Tribunal held that penalties could indeed be imposed on registered dealers under Rule 25 for issuing Cenvatable invoices without actual movement of goods. The Tribunal found that the dealers had contravened the rules with the intent to evade payment of duty. - The Tribunal held that penalties were warranted for unregistered dealers and transporters who facilitated fraudulent activities, despite their claims that the goods did not reach the intended destination. The Tribunal emphasized the liability of all involved parties in facilitating fraudulent activities.
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