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 High Court considered a case involving bribery and criminal liability, where an individual sought provisional release for monetary gain. The court held that the accused, a public servant, abused his position to obtain pecuniary gain for releasing a consignment, causing wrongful loss to the government. The court rejected the argument that finality of provisional release under the Customs Act absolves criminal liability. Witness statements and documents supported the conspiracy allegations. The court found sufficient prima facie evidence to proceed against the accused, leading to rejection of petitions and revision application.
The High Court considered a case involving bribery and criminal liability, where an individual sought provisional release for monetary gain. The court held that the accused, a public servant, abused his position to obtain pecuniary gain for releasing a consignment, causing wrongful loss to the government. The court rejected the argument that finality of provisional release under the Customs Act absolves criminal liability. Witness statements and documents supported the conspiracy allegations. The court found sufficient prima facie evidence to proceed against the accused, leading to rejection of petitions and revision application.
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