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 AAR held that fly ash bricks are classifiable under HSN 6815 99 10 and, with effect from 18.07.2022, attract GST at 12% (CGST) irrespective of fly ash percentage; the prior fly-ash-content condition has been omitted and the applicant is not entitled to a concessional 6% rate. The supply is taxable under the normal taxation mechanism (not reverse charge). Fly ash bricks are not exempt merely by virtue of recycled/sustainable content and no special concessional treatment applies for supplies to Government/PSUs. A manufacturer may avail ITC on inputs and input services if otherwise eligible when charging 12%; the Composition Scheme is unavailable to manufacturers of fly ash bricks. The GST treatment of raw fly ash was held outside the AAR's remit.
The AAR held that fly ash bricks are classifiable under HSN 6815 99 10 and, with effect from 18.07.2022, attract GST at 12% (CGST) irrespective of fly ash percentage; the prior fly-ash-content condition has been omitted and the applicant is not entitled to a concessional 6% rate. The supply is taxable under the normal taxation mechanism (not reverse charge). Fly ash bricks are not exempt merely by virtue of recycled/sustainable content and no special concessional treatment applies for supplies to Government/PSUs. A manufacturer may avail ITC on inputs and input services if otherwise eligible when charging 12%; the Composition Scheme is unavailable to manufacturers of fly ash bricks. The GST treatment of raw fly ash was held outside the AAR's remit.
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