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...
Interest Liability on Electronic Credit Ledger Payments - Seeking levy of interest only on that part of the tax which is paid in cash - The High court concluded that the levy of interest depends not on the type of ledger used (cash or credit) but on the timing of the tax payment relative to the filing of returns. Interest is applicable on delays in tax payments made after the due date of return filing, regardless of whether the payment is from the Electronic Credit Ledger or the Cash Ledger. The court found that while the Monitoring Committee can issue guidelines, its decisions are not binding on the Proper Officer in the context of tax recovery. The Proper Officer retains autonomy in assessing and executing recovery based on individual case assessments.
Interest Liability on Electronic Credit Ledger Payments - Seeking levy of interest only on that part of the tax which is paid in cash - The High court concluded that the levy of interest depends not on the type of ledger used (cash or credit) but on the timing of the tax payment relative to the filing of returns. Interest is applicable on delays in tax payments made after the due date of return filing, regardless of whether the payment is from the Electronic Credit Ledger or the Cash Ledger. The court found that while the Monitoring Committee can issue guidelines, its decisions are not binding on the Proper Officer in the context of tax recovery. The Proper Officer retains autonomy in assessing and executing recovery based on individual case assessments.
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