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 disposed of the writ petition by setting aside the summary of show cause notice dated 08.05.2024 and summary of order dated 30.08.2024 for violating principles of natural justice. The respondent authorities issued summaries without proper SCN under Section 73(1) of CGST Act, 2017 and without passing orders under Section 73(9). Following the precedent established in Construction Catalysers Pvt. Ltd., the court found similar procedural violations where authorities incorrectly assumed that attaching tax determination to summary SCN constituted valid notice. The court granted liberty to respondent authorities to initiate de novo proceedings under Section 73 if deemed appropriate for the relevant financial year, ensuring proper procedural compliance while addressing the underlying tax issues.
The HC disposed of the writ petition by setting aside the summary of show cause notice dated 08.05.2024 and summary of order dated 30.08.2024 for violating principles of natural justice. The respondent authorities issued summaries without proper SCN under Section 73(1) of CGST Act, 2017 and without passing orders under Section 73(9). Following the precedent established in Construction Catalysers Pvt. Ltd., the court found similar procedural violations where authorities incorrectly assumed that attaching tax determination to summary SCN constituted valid notice. The court granted liberty to respondent authorities to initiate de novo proceedings under Section 73 if deemed appropriate for the relevant financial year, ensuring proper procedural compliance while addressing the underlying tax issues.
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