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 allowed the petition and quashed the impugned suspension insofar as it was effected without due investigation into alleged unauthorized changes based on forged documents, finding a violation of principles of natural justice. The Court directed the Joint Commissioner, State Taxes, to afford fresh opportunities to the parties to file responses and to be heard, and to pass an appropriate order after hearing, preferably within four months of receipt of a copy of the order. The HC noted that an earlier interim stay enabled the petitioner to file updated returns and responses, and ordered proceedings to be conducted with affording of statutory fairness before any final tax-administrative action.
The HC allowed the petition and quashed the impugned suspension insofar as it was effected without due investigation into alleged unauthorized changes based on forged documents, finding a violation of principles of natural justice. The Court directed the Joint Commissioner, State Taxes, to afford fresh opportunities to the parties to file responses and to be heard, and to pass an appropriate order after hearing, preferably within four months of receipt of a copy of the order. The HC noted that an earlier interim stay enabled the petitioner to file updated returns and responses, and ordered proceedings to be conducted with affording of statutory fairness before any final tax-administrative action.
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