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 dismissed the petition for lack of maintainability, holding the statutory appellate remedy under the C.G.S.T./W.B.G.S.T. Act, 2017 to be efficacious and exclusive; therefore the court declined to exercise discretionary jurisdiction to entertain the challenge to levy of tax, interest and penalty. The court affirmed refusal to permit the Appellant to bypass the appellate forum, noting the appellate authority can examine records, access relevant portals and afford an effective personal hearing. The petition was dismissed and the Appellant directed to file a statutory appeal before the appellate authority within 60 days from receipt of the server copy of this judgment; such appeal shall be entertained without reference to limitation, subject to compliance with other conditions.
The HC dismissed the petition for lack of maintainability, holding the statutory appellate remedy under the C.G.S.T./W.B.G.S.T. Act, 2017 to be efficacious and exclusive; therefore the court declined to exercise discretionary jurisdiction to entertain the challenge to levy of tax, interest and penalty. The court affirmed refusal to permit the Appellant to bypass the appellate forum, noting the appellate authority can examine records, access relevant portals and afford an effective personal hearing. The petition was dismissed and the Appellant directed to file a statutory appeal before the appellate authority within 60 days from receipt of the server copy of this judgment; such appeal shall be entertained without reference to limitation, subject to compliance with other conditions.
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