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 held that the parameters for entertaining the writ petition were not satisfied, and the petitioners had an adequate, alternative, and efficacious remedy available u/s 107 of the Assam GST Act, 2017. The court was not inclined to entertain the writ petition challenging the impugned order dated 12.08.2024, as an alternative remedy was available. However, the petitioners were at liberty to file an appeal u/s 107 of the AGST Act, 2017. Regarding the pre-deposit of 10% of the tax amount required u/s 107(6)(b) for filing an appeal, the court directed the Appellate Authority to permit the filing and entertaining of the appeal(s) without any pre-deposit, subject to the frozen accounts mentioned in the Show Cause Notice dated 09.04.2024 having deposits equivalent or more than the required amount. The petition was disposed of accordingly.
The court held that the parameters for entertaining the writ petition were not satisfied, and the petitioners had an adequate, alternative, and efficacious remedy available u/s 107 of the Assam GST Act, 2017. The court was not inclined to entertain the writ petition challenging the impugned order dated 12.08.2024, as an alternative remedy was available. However, the petitioners were at liberty to file an appeal u/s 107 of the AGST Act, 2017. Regarding the pre-deposit of 10% of the tax amount required u/s 107(6)(b) for filing an appeal, the court directed the Appellate Authority to permit the filing and entertaining of the appeal(s) without any pre-deposit, subject to the frozen accounts mentioned in the Show Cause Notice dated 09.04.2024 having deposits equivalent or more than the required amount. The petition was disposed of accordingly.
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