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 quashed the orders dated 01.02.2022 and 24.04.2024 passed against the petitioner u/s 74 of the GST Act. The petitioner had availed input tax credit by mistake but did not utilize it. The original order was passed without providing an opportunity for personal hearing, violating the principles of natural justice and Section 75(4) of the GST Act. The matter was remanded to the adjudicating authority to pass fresh orders after granting an opportunity of hearing and allowing the petitioner to file a reply to the show-cause notice in accordance with law.
The High Court quashed the orders dated 01.02.2022 and 24.04.2024 passed against the petitioner u/s 74 of the GST Act. The petitioner had availed input tax credit by mistake but did not utilize it. The original order was passed without providing an opportunity for personal hearing, violating the principles of natural justice and Section 75(4) of the GST Act. The matter was remanded to the adjudicating authority to pass fresh orders after granting an opportunity of hearing and allowing the petitioner to file a reply to the show-cause notice in accordance with law.
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