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 Kerala HC held that the denial of amendment of 4 shipping bills from Advance Authorisation Scheme to Duty Drawback Scheme solely on the ground of time bar of 3 months from LEO date as per Circular 36/2010-Cus is untenable. Section 149 of the Customs Act, 1962 allows prescribing time limit by regulations. The Shipping Bill (Post Export Conversion) Regulations, 2022 provide 2 years for conversion. Rejecting conversion on time bar is unsustainable. The appeal by the assessee is allowed.
The Kerala HC held that the denial of amendment of 4 shipping bills from Advance Authorisation Scheme to Duty Drawback Scheme solely on the ground of time bar of 3 months from LEO date as per Circular 36/2010-Cus is untenable. Section 149 of the Customs Act, 1962 allows prescribing time limit by regulations. The Shipping Bill (Post Export Conversion) Regulations, 2022 provide 2 years for conversion. Rejecting conversion on time bar is unsustainable. The appeal by the assessee is allowed.
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