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 disposed of writ petition by setting aside summary of show cause notice dated 20.05.2024 and summary of order dated 30.08.2024, finding violation of natural justice principles. Court held that summary documents were issued without proper SCN under Section 73(1) CGST Act, 2017 and without passing order under Section 73(9). No opportunity of hearing was provided before passing summary order. Following precedent in Construction Catalysers Pvt. Ltd., HC determined that summary documents do not dispense with requirement of proper SCN, statement and order as mandated under Section 73, which must be authenticated per Rule 26(3) of 2017 Rules. Petition disposed of favorably.
HC disposed of writ petition by setting aside summary of show cause notice dated 20.05.2024 and summary of order dated 30.08.2024, finding violation of natural justice principles. Court held that summary documents were issued without proper SCN under Section 73(1) CGST Act, 2017 and without passing order under Section 73(9). No opportunity of hearing was provided before passing summary order. Following precedent in Construction Catalysers Pvt. Ltd., HC determined that summary documents do not dispense with requirement of proper SCN, statement and order as mandated under Section 73, which must be authenticated per Rule 26(3) of 2017 Rules. Petition disposed of favorably.
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