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 upheld the respondents' case, ruling that the allegations of fraudulently obtaining Duty Free Credit Entitlement (DFCE) licenses and engaging in circular trading of cut and polished diamonds were unfounded. The Tribunal affirmed that the DFCE licenses used for imports were valid, as the DGFT had not cancelled or modified them. Consequently, the demands for duty, confiscation of goods, and penalties were dismissed, and the Revenue's appeal was rejected.
The CESTAT upheld the respondents' case, ruling that the allegations of fraudulently obtaining Duty Free Credit Entitlement (DFCE) licenses and engaging in circular trading of cut and polished diamonds were unfounded. The Tribunal affirmed that the DFCE licenses used for imports were valid, as the DGFT had not cancelled or modified them. Consequently, the demands for duty, confiscation of goods, and penalties were dismissed, and the Revenue's appeal was rejected.
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