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 CESTAT adjudicated on various demands and penalties imposed on the appellants. The key findings are: The demand on account of undervaluation of goods cleared to two non-existent dealers was upheld along with interest and penalty equal to duty. The benefit of exemption notification was denied proportionately for traded goods, and the matter was remanded for re-quantification. The substantial demand for alleged clandestine removal of Fatty Acid in the guise of Refined Palm Oil was set aside due to lack of evidence. The penalties imposed on the directors were reduced considering their roles and the offenses established.
The CESTAT adjudicated on various demands and penalties imposed on the appellants. The key findings are: The demand on account of undervaluation of goods cleared to two non-existent dealers was upheld along with interest and penalty equal to duty. The benefit of exemption notification was denied proportionately for traded goods, and the matter was remanded for re-quantification. The substantial demand for alleged clandestine removal of Fatty Acid in the guise of Refined Palm Oil was set aside due to lack of evidence. The penalties imposed on the directors were reduced considering their roles and the offenses established.
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