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 issuance of multiple SCNs on the same subject matter and period by different authorities results in multiplicity of proceedings, causing harassment and conflicting decisions. The SCN dated 03.08.2024 issued by DGGI, pending before the High Court of Karnataka with a subsisting stay, precluded respondent no. 1 from adjudicating the matter, as it would duplicate proceedings. The HC directed that the matter be adjudicated solely by DGGI, whose notice covered the entire territory including the Goa branch. Relying on the principle that a stay order on a writ petition challenging a Parliamentary Act has nationwide effect, the HC set aside respondent no. 1's adjudication order dated 30.01.2025 confirming GST demand. The petition was allowed, restraining further action by respondent no. 1 and directing adherence to the stay granted by the Karnataka HC.
The HC held that issuance of multiple SCNs on the same subject matter and period by different authorities results in multiplicity of proceedings, causing harassment and conflicting decisions. The SCN dated 03.08.2024 issued by DGGI, pending before the High Court of Karnataka with a subsisting stay, precluded respondent no. 1 from adjudicating the matter, as it would duplicate proceedings. The HC directed that the matter be adjudicated solely by DGGI, whose notice covered the entire territory including the Goa branch. Relying on the principle that a stay order on a writ petition challenging a Parliamentary Act has nationwide effect, the HC set aside respondent no. 1's adjudication order dated 30.01.2025 confirming GST demand. The petition was allowed, restraining further action by respondent no. 1 and directing adherence to the stay granted by the Karnataka HC.
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