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...
Validity of Re-determination of Value - Goods have already been cleared from the port of import after examination and enhancement of value - The Appellate Tribunal found that the Department erred in re-determining the value of the imported goods, especially considering that the assessment orders had already been finalized and not challenged. The Tribunal ruled that the Department lacked the authority to subject the same machines to another examination and assessment. - The Tribunal concurred with the appellants’ interpretation of Customs Valuation Rules, particularly regarding the inapplicability of the depreciation method and the impermissibility of re-enhancing value after import clearance.
Validity of Re-determination of Value - Goods have already been cleared from the port of import after examination and enhancement of value - The Appellate Tribunal found that the Department erred in re-determining the value of the imported goods, especially considering that the assessment orders had already been finalized and not challenged. The Tribunal ruled that the Department lacked the authority to subject the same machines to another examination and assessment. - The Tribunal concurred with the appellants’ interpretation of Customs Valuation Rules, particularly regarding the inapplicability of the depreciation method and the impermissibility of re-enhancing value after import clearance.
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