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...
Determining whether certain goods, specifically old used iron scrap, used lead acid batteries, old used aluminum utensils and other aluminum scrap, old used brass utensils and other scrap, used old steel utensils scrap, old used scrap of copper, used waste plastic bags and used plastic PET bottles, qualify for the margin scheme u/r 32(5) of the CGST Rules, 2017. The key points are: Notification No. 8/2018-Central Tax (Rate) does not limit the margin scheme to second-hand motor vehicles only, but it is available for all other goods that qualify as second-hand goods. The distinction between second-hand goods and scrap is crucial, with second-hand goods being ready for immediate use by a new owner, while scrap requires processing to be useful again. The goods in question are considered scrap, not second-hand goods, as they do not meet the continuity of usage requirement. Therefore, they are ineligible for the margin scheme u/r 32(5) of the CGST Rules, 2017, for both intra-state and inter-state supply of goods.
Determining whether certain goods, specifically old used iron scrap, used lead acid batteries, old used aluminum utensils and other aluminum scrap, old used brass utensils and other scrap, used old steel utensils scrap, old used scrap of copper, used waste plastic bags and used plastic PET bottles, qualify for the margin scheme u/r 32(5) of the CGST Rules, 2017. The key points are: Notification No. 8/2018-Central Tax (Rate) does not limit the margin scheme to second-hand motor vehicles only, but it is available for all other goods that qualify as second-hand goods. The distinction between second-hand goods and scrap is crucial, with second-hand goods being ready for immediate use by a new owner, while scrap requires processing to be useful again. The goods in question are considered scrap, not second-hand goods, as they do not meet the continuity of usage requirement. Therefore, they are ineligible for the margin scheme u/r 32(5) of the CGST Rules, 2017, for both intra-state and inter-state supply of goods.
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