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 allowed the petitioner's writ petition and set aside the impugned order denying transition of CENVAT credit of Rs.1,39,31,604/- u/s 140(1) of the CGST Act. The court held that mere issuance of a show-cause notice, subsequently kept in abeyance, cannot disentitle the petitioner from claiming transition of the available CENVAT credit as on 30.06.2017 to the GST regime. The CENVAT credit available to the petitioner on the transition date was admissible for transition, irrespective of the pending inquiry's outcome under the earlier CENVAT regime.
The High Court allowed the petitioner's writ petition and set aside the impugned order denying transition of CENVAT credit of Rs.1,39,31,604/- u/s 140(1) of the CGST Act. The court held that mere issuance of a show-cause notice, subsequently kept in abeyance, cannot disentitle the petitioner from claiming transition of the available CENVAT credit as on 30.06.2017 to the GST regime. The CENVAT credit available to the petitioner on the transition date was admissible for transition, irrespective of the pending inquiry's outcome under the earlier CENVAT regime.
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