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 directed Respondent Nos. 2 and 3 to pay interest on the delayed refund to the petitioner, holding that technical system defects, not any fault of the petitioner in filing the shipping bills or GST returns, caused the delay. The court found section 56 of the GST Act mandates compensatory interest where a refund is not granted within the statutory period under section 54(5), and therefore interest accrues from the relevant statutory date. The respondents were ordered to compute and disburse the interest in accordance with law within 12 weeks from receipt of the order, and the petition was allowed.
The HC allowed the petition and directed Respondent Nos. 2 and 3 to pay interest on the delayed refund to the petitioner, holding that technical system defects, not any fault of the petitioner in filing the shipping bills or GST returns, caused the delay. The court found section 56 of the GST Act mandates compensatory interest where a refund is not granted within the statutory period under section 54(5), and therefore interest accrues from the relevant statutory date. The respondents were ordered to compute and disburse the interest in accordance with law within 12 weeks from receipt of the order, and the petition was allowed.
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