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 ITAT held that a stay of demand can only be granted u/s 254(2A) subject to deposit of 20% of disputed demand or furnishing security. The Tribunal cannot violate statutory provisions. The power to grant stay u/s 254(2A) must be read with 254(1) to avoid redundancy. A conditional stay may be granted even when issues are covered by judicial precedents in favor of the assessee. In this case, with a large attachment in place, no further payment is required. If the attachment is lifted, the assessee must deposit 20% of the outstanding liability. The assessee must cooperate and not delay the appeal process. The stay order is valid for 180 days or until appeal disposal, with no unnecessary adjournments allowed.
The ITAT held that a stay of demand can only be granted u/s 254(2A) subject to deposit of 20% of disputed demand or furnishing security. The Tribunal cannot violate statutory provisions. The power to grant stay u/s 254(2A) must be read with 254(1) to avoid redundancy. A conditional stay may be granted even when issues are covered by judicial precedents in favor of the assessee. In this case, with a large attachment in place, no further payment is required. If the attachment is lifted, the assessee must deposit 20% of the outstanding liability. The assessee must cooperate and not delay the appeal process. The stay order is valid for 180 days or until appeal disposal, with no unnecessary adjournments allowed.
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