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 set aside impugned orders finding violation of principles of natural justice regarding service of show cause notices (SCN). The SCNs dated 25th September 2023 and 1st December 2023 were uploaded on 'Additional Notices Tab' of GST portal without proper notice to Petitioner. Though portal changes made 'Additional Notices Tab' visible after 16th January 2024, Petitioner remained unaware of earlier SCNs and was denied opportunity to respond on merits. Following precedent in similar circumstances involving improper service via 'Additional Notices Tab', HC allowed petition by way of remand to Adjudicating Authority for fresh consideration after proper service and hearing.
HC set aside impugned orders finding violation of principles of natural justice regarding service of show cause notices (SCN). The SCNs dated 25th September 2023 and 1st December 2023 were uploaded on 'Additional Notices Tab' of GST portal without proper notice to Petitioner. Though portal changes made 'Additional Notices Tab' visible after 16th January 2024, Petitioner remained unaware of earlier SCNs and was denied opportunity to respond on merits. Following precedent in similar circumstances involving improper service via 'Additional Notices Tab', HC allowed petition by way of remand to Adjudicating Authority for fresh consideration after proper service and hearing.
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