Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Seized cash cannot be automatically released after 120 days u/s 132B's second proviso. This proviso applies only after the Assessing Officer determines the existing liability and approves asset return. Without such determination, the second proviso does not apply. The first proviso lacks a timeline, while the second proviso requires the AO's assessment. Despite disclosures and applications, the AO did not decide on liability or asset return here. The High Court correctly held that Section 132B's second proviso does not mandate automatic release after 120 days. However, since cash was seized from petitioners' lockers after prior disclosure, authorities must decide on their application with a reasoned order within four weeks, potentially refunding with interest if the source is satisfactorily explained u/s 132B(4)(a)&(b).
Seized cash cannot be automatically released after 120 days u/s 132B's second proviso. This proviso applies only after the Assessing Officer determines the existing liability and approves asset return. Without such determination, the second proviso does not apply. The first proviso lacks a timeline, while the second proviso requires the AO's assessment. Despite disclosures and applications, the AO did not decide on liability or asset return here. The High Court correctly held that Section 132B's second proviso does not mandate automatic release after 120 days. However, since cash was seized from petitioners' lockers after prior disclosure, authorities must decide on their application with a reasoned order within four weeks, potentially refunding with interest if the source is satisfactorily explained u/s 132B(4)(a)&(b).
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