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...
The Delhi High Court examined the validity of an order passed u/s 92CA and jurisdiction to pass an assessment order post-limitation period. The court held that once the Transfer Pricing Officer (TPO) passed an order in accordance with ITAT directions, the Assessing Officer (AO) was obligated to pass an assessment order within nine months. The court found that the AO's failure to do so rendered a subsequent reference to the TPO unwarranted. The court emphasized that the ITAT directions did not require a fresh reference, and the AO's actions were legally unjustified. The court concluded that the AO was barred from passing further assessment orders for the relevant assessment year, granting relief to the petitioner.
The Delhi High Court examined the validity of an order passed u/s 92CA and jurisdiction to pass an assessment order post-limitation period. The court held that once the Transfer Pricing Officer (TPO) passed an order in accordance with ITAT directions, the Assessing Officer (AO) was obligated to pass an assessment order within nine months. The court found that the AO's failure to do so rendered a subsequent reference to the TPO unwarranted. The court emphasized that the ITAT directions did not require a fresh reference, and the AO's actions were legally unjustified. The court concluded that the AO was barred from passing further assessment orders for the relevant assessment year, granting relief to the petitioner.
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