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...
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Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
AAR held that the dry lease of a Bell 412 EP helicopter by the applicant to the lessee constitutes a taxable "transfer of right to use" goods, meeting the BSNL test: delivery of the aircraft with engines, avionics, manuals and records, provision of airworthy condition and licences, and effective control passing to the lessee. The supply is classifiable under HSN 9973 (leasing/rental services without operator) and falls within Sl. No. 17(iii) of Notification No. 11/2017-CT(R). As the helicopter is employed for commercial, non-personal use by a non-scheduled air transport operator, the transaction attracts GST at 5% as prescribed under the applicable notification.
AAR held that the dry lease of a Bell 412 EP helicopter by the applicant to the lessee constitutes a taxable "transfer of right to use" goods, meeting the BSNL test: delivery of the aircraft with engines, avionics, manuals and records, provision of airworthy condition and licences, and effective control passing to the lessee. The supply is classifiable under HSN 9973 (leasing/rental services without operator) and falls within Sl. No. 17(iii) of Notification No. 11/2017-CT(R). As the helicopter is employed for commercial, non-personal use by a non-scheduled air transport operator, the transaction attracts GST at 5% as prescribed under the applicable notification.
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