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: holding that services by way of renting of residential dwellings fall under Entry No.12 of Exemption N/N.12 (2017), and that Article 265 precludes tax collection without authority of law, the Court found the petitioner paid GST under invoices though no tax was legally exigible. The Court set aside the impugned deficiency memos and directed the respondents to consider the petitioner's refund application under Section 54, CGST Act, without adjudicating limitation, and to pass appropriate orders within four weeks of receipt of the order. Petition allowed; respondents to process refund claim accordingly.
The HC allowed the petition: holding that services by way of renting of residential dwellings fall under Entry No.12 of Exemption N/N.12 (2017), and that Article 265 precludes tax collection without authority of law, the Court found the petitioner paid GST under invoices though no tax was legally exigible. The Court set aside the impugned deficiency memos and directed the respondents to consider the petitioner's refund application under Section 54, CGST Act, without adjudicating limitation, and to pass appropriate orders within four weeks of receipt of the order. Petition allowed; respondents to process refund claim accordingly.
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