Transfer pricing comparables and adjustments: Tribunal revisits loss-maker status, segmental comparability, working capital relief, and risk allocatio...
Business expenditure disallowance failed where commission, related-party salary and promotion payments were supported by records and inquiry was inade...
CESTAT allowed the appeal by remand, setting aside the impugned order of the Commissioner (Appeals) and condoning a 36-day delay. The Tribunal held the limitation for filing an appeal under s.128 must be computed from communication of a speaking order by the Assessing Officer, not merely from the date of provisional assessment of the bill of entry. As the Appellant had requested a speaking order and received no response, the appeal was within time. The matter is remitted to the Commissioner (Appeals) to pass a decision conforming to s.128A(4), and to make further enquiries, if necessary under s.128A(3), and dispose of the appeal within four months.
CESTAT allowed the appeal by remand, setting aside the impugned order of the Commissioner (Appeals) and condoning a 36-day delay. The Tribunal held the limitation for filing an appeal under s.128 must be computed from communication of a speaking order by the Assessing Officer, not merely from the date of provisional assessment of the bill of entry. As the Appellant had requested a speaking order and received no response, the appeal was within time. The matter is remitted to the Commissioner (Appeals) to pass a decision conforming to s.128A(4), and to make further enquiries, if necessary under s.128A(3), and dispose of the appeal within four months.
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