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...
HC affirmed penalty proceedings under s271D were time-barred due to procedural delays. Initial reference by ITO on 16.11.2016 was followed by Show Cause Notice from Additional CIT only on 10.11.2017, with final penalty order issued on 22.02.2018. This exceeded statutory limitation period from reference date. Revenue provided no justification for delayed issuance of show cause notice. Court rejected Revenue's reliance on TAM TAM precedent as fact-specific, distinguishing it from present case. Tribunal's order upheld, finding proceedings initiated beyond limitation period invalid. Questions of law resolved in assessee's favor, invalidating penalty imposed for s269SS violations.
HC affirmed penalty proceedings under s271D were time-barred due to procedural delays. Initial reference by ITO on 16.11.2016 was followed by Show Cause Notice from Additional CIT only on 10.11.2017, with final penalty order issued on 22.02.2018. This exceeded statutory limitation period from reference date. Revenue provided no justification for delayed issuance of show cause notice. Court rejected Revenue's reliance on TAM TAM precedent as fact-specific, distinguishing it from present case. Tribunal's order upheld, finding proceedings initiated beyond limitation period invalid. Questions of law resolved in assessee's favor, invalidating penalty imposed for s269SS violations.
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