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 held that the petitioner's documents, though submitted belatedly to the first respondent, were not considered due to non-compliance with the prescribed format and timing. The second respondent also declined to admit these documents on appeal, citing procedural defaults and dismissal of the appeal. The court found that the first respondent erred in dismissing the documents solely based on format non-conformity, as substantive reconciliation details had been furnished. The second respondent should have considered these documents at the appellate stage instead of rejecting the appeal. The petitioner was thus deprived of a valuable right. Consequently, the HC allowed the petition and remitted the matter to the first respondent for fresh consideration of the documents filed, directing disposal in accordance with law expeditiously.
The HC held that the petitioner's documents, though submitted belatedly to the first respondent, were not considered due to non-compliance with the prescribed format and timing. The second respondent also declined to admit these documents on appeal, citing procedural defaults and dismissal of the appeal. The court found that the first respondent erred in dismissing the documents solely based on format non-conformity, as substantive reconciliation details had been furnished. The second respondent should have considered these documents at the appellate stage instead of rejecting the appeal. The petitioner was thus deprived of a valuable right. Consequently, the HC allowed the petition and remitted the matter to the first respondent for fresh consideration of the documents filed, directing disposal in accordance with law expeditiously.
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