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...
Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax without claiming the benefit of an exemption notification. Since neither the Central Excise officer modified the assessment nor was the self-assessment appealed against before the Commissioner (Appeals), the assessment remained unchanged. - The Tribunal concluded that refund proceedings cannot modify assessments, whether self-assessed or not. They emphasized that refund proceedings are akin to execution proceedings and should follow the assessment made, without altering it. Therefore, the Tribunal upheld the impugned order, rejecting the appellant's appeal.
Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax without claiming the benefit of an exemption notification. Since neither the Central Excise officer modified the assessment nor was the self-assessment appealed against before the Commissioner (Appeals), the assessment remained unchanged. - The Tribunal concluded that refund proceedings cannot modify assessments, whether self-assessed or not. They emphasized that refund proceedings are akin to execution proceedings and should follow the assessment made, without altering it. Therefore, the Tribunal upheld the impugned order, rejecting the appellant's appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
