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...
Legislative Competence to Levy of stamp duty on ‘Bill of Entry’ (BoE) and on Delivery Orders (DO) - goods imported in Maharashtra - seek refund paid on stamp duty - The court held that the levy of stamp duty on DOs by the State of Maharashtra was within its legislative competence and did not encroach upon the Union's legislative domain over imports and exports. The court found that the DO, being distinct from a Bill of Entry or a Bill of Lading, is an instrument liable to stamp duty post the customs clearance process, thus not affecting the course of import as governed by the Union's legislative power.
Legislative Competence to Levy of stamp duty on ‘Bill of Entry’ (BoE) and on Delivery Orders (DO) - goods imported in Maharashtra - seek refund paid on stamp duty - The court held that the levy of stamp duty on DOs by the State of Maharashtra was within its legislative competence and did not encroach upon the Union's legislative domain over imports and exports. The court found that the DO, being distinct from a Bill of Entry or a Bill of Lading, is an instrument liable to stamp duty post the customs clearance process, thus not affecting the course of import as governed by the Union's legislative power.
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