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 court granted regular bail to the petitioner in a case involving allegations of fraudulent claim of Input Tax Credit (ITC) and furnishing fake GST certificate for opening a bank account. The first allegation pertained to claiming ITC of Rs. 3,65,23,076/- without the corresponding tax being deposited by the supplying firms. The court held that prosecution u/s 132 of the CGST Act for fraudulently obtaining refund requires prior sanction from the Commissioner. Regarding the second allegation of using a fake GST certificate to open a bank account with transactions of Rs. 196 crores, the court observed a lack of evidence on whether the petitioner cheated anyone. As the case is triable by a Magistrate and based on documentary evidence, keeping the petitioner in custody would serve no purpose. The petitioner was granted regular bail upon furnishing bail bonds/surety bonds of Rs. 10,00,000/- with conditions imposed by the trial court.
The court granted regular bail to the petitioner in a case involving allegations of fraudulent claim of Input Tax Credit (ITC) and furnishing fake GST certificate for opening a bank account. The first allegation pertained to claiming ITC of Rs. 3,65,23,076/- without the corresponding tax being deposited by the supplying firms. The court held that prosecution u/s 132 of the CGST Act for fraudulently obtaining refund requires prior sanction from the Commissioner. Regarding the second allegation of using a fake GST certificate to open a bank account with transactions of Rs. 196 crores, the court observed a lack of evidence on whether the petitioner cheated anyone. As the case is triable by a Magistrate and based on documentary evidence, keeping the petitioner in custody would serve no purpose. The petitioner was granted regular bail upon furnishing bail bonds/surety bonds of Rs. 10,00,000/- with conditions imposed by the trial court.
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