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...
Applicable rate of tax (GST) - Classification of goods - mango pulp supplied to 100% Export Oriented Unit which further exports such pulp outside the country after minor processing / re-packing - The court clarified that mango pulp does not fall under the category of fresh mangoes (exempt from GST) or solely under "mangoes sliced, dried" (5% GST rate). Instead, it is part of a broader category of mangoes that includes forms other than sliced and dried, thus justifying a 12% GST rate as per the latest GST Council clarifications. The court rejected the petitioners' arguments against retrospective application, noting that the notifications and circulars were clarificatory in nature and did not impose a new tax but clarified the existing law as intended by earlier GST Council decisions.
Applicable rate of tax (GST) - Classification of goods - mango pulp supplied to 100% Export Oriented Unit which further exports such pulp outside the country after minor processing / re-packing - The court clarified that mango pulp does not fall under the category of fresh mangoes (exempt from GST) or solely under "mangoes sliced, dried" (5% GST rate). Instead, it is part of a broader category of mangoes that includes forms other than sliced and dried, thus justifying a 12% GST rate as per the latest GST Council clarifications. The court rejected the petitioners' arguments against retrospective application, noting that the notifications and circulars were clarificatory in nature and did not impose a new tax but clarified the existing law as intended by earlier GST Council decisions.
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