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...
CESTAT address the issue of revision in duty liability of 'antenna' regarding assessable value under Customs Valuation Rules. The tribunal found flaws in the investigation and evidence, questioning the use of 'relationship influencing price' for valuation. The tribunal criticized the rejection of declared value as 'transaction value', not aligning with Customs Act and Valuation Rules. Emphasized the importance of proper valuation methods and adherence to rules. The order was set aside for non-compliance with the law, remanding the case for fresh assessment with detailed scrutiny and consideration of all issues. Show cause notice must align with valuation rules for lawful adjudication.
CESTAT address the issue of revision in duty liability of 'antenna' regarding assessable value under Customs Valuation Rules. The tribunal found flaws in the investigation and evidence, questioning the use of 'relationship influencing price' for valuation. The tribunal criticized the rejection of declared value as 'transaction value', not aligning with Customs Act and Valuation Rules. Emphasized the importance of proper valuation methods and adherence to rules. The order was set aside for non-compliance with the law, remanding the case for fresh assessment with detailed scrutiny and consideration of all issues. Show cause notice must align with valuation rules for lawful adjudication.
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