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 respondent denied Input Tax Credit (ITC) to the petitioner based on alleged purchase of goods under HSN 85171110, non-payment to creditors exceeding 180 days, and payments made to statutory auditors. The court held that the respondent failed to consider the petitioner's reply and confirmed the audit observations without providing a reasonable opportunity. Regarding payments to auditors, the show cause notice did not require producing invoices, which the petitioner has now submitted, necessitating reconsideration. On the alleged purchase of goods, the petitioner asserted dealing with online recharge coupons, not mobile phones, and had provided extensive documents during the audit, warranting reconsideration. Concerning non-payment to creditors, the petitioner clarified having only one creditor with a three-day credit period, and no evidence of non-payment beyond 180 days was presented. The impugned order was set aside, and the matter remanded for reconsideration by the respondent after providing a reasonable opportunity and personal hearing to the petitioner within three months.
The respondent denied Input Tax Credit (ITC) to the petitioner based on alleged purchase of goods under HSN 85171110, non-payment to creditors exceeding 180 days, and payments made to statutory auditors. The court held that the respondent failed to consider the petitioner's reply and confirmed the audit observations without providing a reasonable opportunity. Regarding payments to auditors, the show cause notice did not require producing invoices, which the petitioner has now submitted, necessitating reconsideration. On the alleged purchase of goods, the petitioner asserted dealing with online recharge coupons, not mobile phones, and had provided extensive documents during the audit, warranting reconsideration. Concerning non-payment to creditors, the petitioner clarified having only one creditor with a three-day credit period, and no evidence of non-payment beyond 180 days was presented. The impugned order was set aside, and the matter remanded for reconsideration by the respondent after providing a reasonable opportunity and personal hearing to the petitioner within three months.
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