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...
Cancellation of warehouse licenses - Penalty u/s 117 - The Tribunal found that the Department had not adhered to the proper procedure for canceling the licenses and that the appellant had submitted genuine insurance policies for some licenses, which were erroneously cancelled. It also noted that the requirement for submitting NOCs from the port was not mandated by the relevant regulations. - Furthermore, the Tribunal held that the penalty imposed on the Director of the appellant company was not sustainable as the specific contraventions under the Customs Act were not established in the Show-Cause Notice.
Cancellation of warehouse licenses - Penalty u/s 117 - The Tribunal found that the Department had not adhered to the proper procedure for canceling the licenses and that the appellant had submitted genuine insurance policies for some licenses, which were erroneously cancelled. It also noted that the requirement for submitting NOCs from the port was not mandated by the relevant regulations. - Furthermore, the Tribunal held that the penalty imposed on the Director of the appellant company was not sustainable as the specific contraventions under the Customs Act were not established in the Show-Cause Notice.
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