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 AAR held that supply of stationery items without consideration does not constitute a supply under Section 7 of the CGST Act, 2017, as it is not made for consideration and thus falls outside the scope of business under Section 2(17). Supply of stationery or repair services for consideration qualifies as a taxable supply. Recovery of fines or penalties for loss or breach does not constitute a supply unless linked to contractual obligations, which are taxable per Schedule II. Disposal of waste or scrap and sale of tender forms or used vehicles are taxable supplies under Section 7. The applicant must apportion and reverse input tax credit on exempt supplies per Rule 42/43. Classification and exemption applicability could not be ruled on due to insufficient information.
The AAR held that supply of stationery items without consideration does not constitute a supply under Section 7 of the CGST Act, 2017, as it is not made for consideration and thus falls outside the scope of business under Section 2(17). Supply of stationery or repair services for consideration qualifies as a taxable supply. Recovery of fines or penalties for loss or breach does not constitute a supply unless linked to contractual obligations, which are taxable per Schedule II. Disposal of waste or scrap and sale of tender forms or used vehicles are taxable supplies under Section 7. The applicant must apportion and reverse input tax credit on exempt supplies per Rule 42/43. Classification and exemption applicability could not be ruled on due to insufficient information.
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