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 Appellate Tribunal adjudicated on the issue of addition of interest income and penalty u/s 271(1)(c). The assessee contended that the interest income from a Fixed Deposit (FD) with the State Bank of India never crystallized due to a legal dispute over the ownership of the funds. The Tribunal held that where the ownership itself is in question, the decision to delete the addition becomes questionable. The assessee cannot be permanently excluded from taxation on interest earned from the FD. However, the assessee cannot be taxed on an asset over which it does not have conclusive ownership. The issue of final ownership is yet to be decided by the court. The Tribunal directed the Assessing Officer to re-adjudicate the taxation of interest income once the High Court decides the ownership. The penalty u/s 271(1)(c) was set aside, and the Assessing Officer was directed to decide on the imposition of penalty based on the decision regarding taxation of interest income.
The Appellate Tribunal adjudicated on the issue of addition of interest income and penalty u/s 271(1)(c). The assessee contended that the interest income from a Fixed Deposit (FD) with the State Bank of India never crystallized due to a legal dispute over the ownership of the funds. The Tribunal held that where the ownership itself is in question, the decision to delete the addition becomes questionable. The assessee cannot be permanently excluded from taxation on interest earned from the FD. However, the assessee cannot be taxed on an asset over which it does not have conclusive ownership. The issue of final ownership is yet to be decided by the court. The Tribunal directed the Assessing Officer to re-adjudicate the taxation of interest income once the High Court decides the ownership. The penalty u/s 271(1)(c) was set aside, and the Assessing Officer was directed to decide on the imposition of penalty based on the decision regarding taxation of interest income.
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