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 HC quashed non-bailable warrants issued against the petitioner accused of GST evasion through fake firms. The court held that non-bailable warrants should only be issued when an accused fails to appear after service of summons or bailable warrants. In this case, the petitioner had previously cooperated with the investigation, appeared before authorities, and provided statements. The court converted the non-bailable warrants to bailable warrants, noting that the petitioner showed no likelihood of evading legal process. Applying the principle from Tarsem Lal and Sharif Ahmed precedents, the HC emphasized that courts must consider whether an accused is likely to evade justice or tamper with evidence before issuing non-bailable warrants. The presumption of innocence was also affirmed as a fundamental principle of criminal jurisprudence.
The HC quashed non-bailable warrants issued against the petitioner accused of GST evasion through fake firms. The court held that non-bailable warrants should only be issued when an accused fails to appear after service of summons or bailable warrants. In this case, the petitioner had previously cooperated with the investigation, appeared before authorities, and provided statements. The court converted the non-bailable warrants to bailable warrants, noting that the petitioner showed no likelihood of evading legal process. Applying the principle from Tarsem Lal and Sharif Ahmed precedents, the HC emphasized that courts must consider whether an accused is likely to evade justice or tamper with evidence before issuing non-bailable warrants. The presumption of innocence was also affirmed as a fundamental principle of criminal jurisprudence.
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