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 orders of the appellate and adjudicating authorities and disposed of the statutory appeal and accompanying writ, remitting the matter to the Assistant Commissioner, N.S. Road, Burrabazar, West Bengal for de novo adjudication. The appellants are directed to file an additional reply with supporting documents within three weeks of service; upon receipt the authority must afford a personal hearing to the appellants' authorised representative, conduct fresh proceedings and pass merit-based orders within six weeks of conclusion of the hearing, considering the effect of the December 11, 2023 discontinuance and any other grounds. Seventy-five percent of the disputed tax already recovered shall be treated as a deposit pending final determination.
The HC set aside the orders of the appellate and adjudicating authorities and disposed of the statutory appeal and accompanying writ, remitting the matter to the Assistant Commissioner, N.S. Road, Burrabazar, West Bengal for de novo adjudication. The appellants are directed to file an additional reply with supporting documents within three weeks of service; upon receipt the authority must afford a personal hearing to the appellants' authorised representative, conduct fresh proceedings and pass merit-based orders within six weeks of conclusion of the hearing, considering the effect of the December 11, 2023 discontinuance and any other grounds. Seventy-five percent of the disputed tax already recovered shall be treated as a deposit pending final determination.
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