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 High Court addressed the violation of principles of natural justice. The impugned order of assessment was not properly served on the petitioner, as it was merely uploaded on the common portal instead of being tendered or sent via RPAD. Consequently, the impugned order was set aside. The petitioner was directed to deposit 25% of the disputed tax within two weeks from receiving the order's copy. Upon complying, the impugned assessment order shall be treated as a show cause notice. The petitioner must submit objections within four weeks from receiving the order's copy, along with supporting documents. If objections are filed, the respondent shall consider them and pass orders in accordance with law after affording a reasonable opportunity of hearing to the petitioner.
The High Court addressed the violation of principles of natural justice. The impugned order of assessment was not properly served on the petitioner, as it was merely uploaded on the common portal instead of being tendered or sent via RPAD. Consequently, the impugned order was set aside. The petitioner was directed to deposit 25% of the disputed tax within two weeks from receiving the order's copy. Upon complying, the impugned assessment order shall be treated as a show cause notice. The petitioner must submit objections within four weeks from receiving the order's copy, along with supporting documents. If objections are filed, the respondent shall consider them and pass orders in accordance with law after affording a reasonable opportunity of hearing to the petitioner.
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