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 partially allowed the appeal by setting aside the demand for service tax on the value of materials like grass, plants, manure, etc. supplied for landscaping activities under Interior Decorator Services. This was based on the settled position that the value of materials consumed while providing taxable services cannot be included in the taxable value. However, the matter was remanded to ascertain whether service tax had been paid on the difference between the figures in the balance sheet and ST-3 returns due to maintenance of accounts on accrual and receipt basis respectively. The penalties were set aside for the first demand, while for the other demands, the quantum would be determined after reconciliation of tax payable.
The CESTAT partially allowed the appeal by setting aside the demand for service tax on the value of materials like grass, plants, manure, etc. supplied for landscaping activities under Interior Decorator Services. This was based on the settled position that the value of materials consumed while providing taxable services cannot be included in the taxable value. However, the matter was remanded to ascertain whether service tax had been paid on the difference between the figures in the balance sheet and ST-3 returns due to maintenance of accounts on accrual and receipt basis respectively. The penalties were set aside for the first demand, while for the other demands, the quantum would be determined after reconciliation of tax payable.
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