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 due to amendments brought in by the Finance (No. 2) Act, 2024, the registered person is entitled to avail input tax credit for the relevant period subject to conditions prescribed under newly inserted Sections 16(5) and 16(6) of the CGST Act, 2017. The amendments, given retrospective effect from 01.07.2017, rendered the proceedings initiated against the petitioner through the show-cause notice redundant. Consequently, the impugned order was set aside, and the matter was remanded to the jurisdictional officer to pass an appropriate order. The petition was disposed of by way of remand.
The Court held that due to amendments brought in by the Finance (No. 2) Act, 2024, the registered person is entitled to avail input tax credit for the relevant period subject to conditions prescribed under newly inserted Sections 16(5) and 16(6) of the CGST Act, 2017. The amendments, given retrospective effect from 01.07.2017, rendered the proceedings initiated against the petitioner through the show-cause notice redundant. Consequently, the impugned order was set aside, and the matter was remanded to the jurisdictional officer to pass an appropriate order. The petition was disposed of by way of remand.
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