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 held that the CB did not violate Regulations 10(d), 10(e), and 10(f) of CBLR, 2018. Drawing analogy from a previous case, the Tribunal stated that the CB cannot be held liable for the exporter's actions unless there is clear evidence of the broker's involvement in the alleged misconduct. The Delhi HC had also ruled that a CB is not an expert in identifying misdeclaration of goods. Consequently, the revocation of the CB's license, forfeiture of security deposit, and imposition of penalty were set aside, allowing the appeal.
The CESTAT held that the CB did not violate Regulations 10(d), 10(e), and 10(f) of CBLR, 2018. Drawing analogy from a previous case, the Tribunal stated that the CB cannot be held liable for the exporter's actions unless there is clear evidence of the broker's involvement in the alleged misconduct. The Delhi HC had also ruled that a CB is not an expert in identifying misdeclaration of goods. Consequently, the revocation of the CB's license, forfeiture of security deposit, and imposition of penalty were set aside, allowing the appeal.
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