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...
Undervaluation and Mis-declaration of the goods imported - The tribunal found that the values used in the SCNs were improperly based on an unadjudicated earlier SCN. Since this earlier SCN was still under adjudication, its findings could not be used to substantiate new demands. The lack of a personal hearing and the reliance on preliminary findings from an unadjudicated SCN were seen as breaches of procedural justice. - The case was remanded for a fresh hearing, to be conducted in conjunction with or subsequent to the adjudication of the earlier SCN, ensuring adherence to the principles of natural justice.
Undervaluation and Mis-declaration of the goods imported - The tribunal found that the values used in the SCNs were improperly based on an unadjudicated earlier SCN. Since this earlier SCN was still under adjudication, its findings could not be used to substantiate new demands. The lack of a personal hearing and the reliance on preliminary findings from an unadjudicated SCN were seen as breaches of procedural justice. - The case was remanded for a fresh hearing, to be conducted in conjunction with or subsequent to the adjudication of the earlier SCN, ensuring adherence to the principles of natural justice.
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