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...
Powers of the ED to arrest an accused after cognizance is taken by the Special Court. - Procedure when an accused does not appear after service of summons. - The Supreme Court noted with concern the practice by some Special Courts under the PMLA of taking accused into custody after their appearance in compliance with a summons. This practice was found to be illegal and in violation of the right to liberty. The Court clarified that if the ED requires the custody of an accused who appears post-summons, it must apply to the Special Court for such custody, ensuring that the accused's rights are respected and safeguarded through judicial oversight.
Powers of the ED to arrest an accused after cognizance is taken by the Special Court. - Procedure when an accused does not appear after service of summons. - The Supreme Court noted with concern the practice by some Special Courts under the PMLA of taking accused into custody after their appearance in compliance with a summons. This practice was found to be illegal and in violation of the right to liberty. The Court clarified that if the ED requires the custody of an accused who appears post-summons, it must apply to the Special Court for such custody, ensuring that the accused's rights are respected and safeguarded through judicial oversight.
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