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 found merit in petitioner's challenge regarding violation of natural justice principles and non-application of mind in the impugned orders. Court directed petitioner to deposit 10% of disputed tax amount within four weeks from order receipt, as mutually agreed by both parties' counsel. The impugned orders dated 24.08.2024 and 07.12.2024 were set aside. Matter remanded back to adjudicating authority, granting petitioner final opportunity to present objections. Petition disposed of with these directions, ensuring procedural fairness while safeguarding revenue interests through partial tax deposit requirement.
HC found merit in petitioner's challenge regarding violation of natural justice principles and non-application of mind in the impugned orders. Court directed petitioner to deposit 10% of disputed tax amount within four weeks from order receipt, as mutually agreed by both parties' counsel. The impugned orders dated 24.08.2024 and 07.12.2024 were set aside. Matter remanded back to adjudicating authority, granting petitioner final opportunity to present objections. Petition disposed of with these directions, ensuring procedural fairness while safeguarding revenue interests through partial tax deposit requirement.
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