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 petitioner's tax liability for the period 01.04.2021 to 01.01.2022 was in question. The court examined whether the respondent entity qualified as a government entity and whether the works executed by the petitioner met any of the conditions for concessional tax rate under N/N. 24/2017. The court held that the works aimed to create infrastructure for entrepreneurs and manufacturing units, and the respondent entity, though a government entity, conducted business by developing industrial parks and recovering costs from entrepreneurs. Therefore, none of the conditions for concessional rate applied, and the tax assessment at 18% by the respondent for the said period was upheld. The arrangement between the petitioner and respondent entity was that the latter would pay the tax due to the petitioner, who would then remit it to the GST Department. The HC disposed of the writ petition, affirming the impugned order for the tax period 01.04.2021 to 30.11.2022.
The petitioner's tax liability for the period 01.04.2021 to 01.01.2022 was in question. The court examined whether the respondent entity qualified as a government entity and whether the works executed by the petitioner met any of the conditions for concessional tax rate under N/N. 24/2017. The court held that the works aimed to create infrastructure for entrepreneurs and manufacturing units, and the respondent entity, though a government entity, conducted business by developing industrial parks and recovering costs from entrepreneurs. Therefore, none of the conditions for concessional rate applied, and the tax assessment at 18% by the respondent for the said period was upheld. The arrangement between the petitioner and respondent entity was that the latter would pay the tax due to the petitioner, who would then remit it to the GST Department. The HC disposed of the writ petition, affirming the impugned order for the tax period 01.04.2021 to 30.11.2022.
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