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 set aside the impugned orders of the Appellate Authority and the Proper Officer, holding that the timeline under Section 107(4) of the WBGST Act is directory, not mandatory, and the Limitation Act applies. The appellant demonstrated sufficient cause for condonation of delay in filing the appeal. The court found a violation of natural justice principles as the notice under Section 73(1) was improperly communicated via the Additional Tab instead of the Normal Tab, frustrating proper service and the opportunity for hearing mandated under Sections 73(9) and 75(4). The restrictive scope of intra-court appeal was not invoked due to the fundamental procedural lapses. The judgment of the Single Judge was held to contain a patent error of law in interpreting timelines strictly while ignoring mandatory hearing provisions, warranting interference. The writ petition was allowed, and the assessment order was quashed accordingly.
The HC set aside the impugned orders of the Appellate Authority and the Proper Officer, holding that the timeline under Section 107(4) of the WBGST Act is directory, not mandatory, and the Limitation Act applies. The appellant demonstrated sufficient cause for condonation of delay in filing the appeal. The court found a violation of natural justice principles as the notice under Section 73(1) was improperly communicated via the Additional Tab instead of the Normal Tab, frustrating proper service and the opportunity for hearing mandated under Sections 73(9) and 75(4). The restrictive scope of intra-court appeal was not invoked due to the fundamental procedural lapses. The judgment of the Single Judge was held to contain a patent error of law in interpreting timelines strictly while ignoring mandatory hearing provisions, warranting interference. The writ petition was allowed, and the assessment order was quashed accordingly.
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