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 held that the impugned provisional attachment order dated 1 January 2025 is an appealable order under Section 107, CGST Act. The court recognised that consolidated show-cause notices spanning multiple periods may be interrogated to establish a pattern of fraudulent ITC availment via fictitious firms, and therefore allowed relief to the Petitioner for the period during which the writ petition remained pending. The Petitioner is permitted to institute the statutory appeal before the Commissioner (Appeals) subject to furnishing the prescribed pre-deposit. If the appeal is filed with the requisite pre-deposit by 15 December 2025, it shall not be dismissed on limitation grounds and shall be adjudicated on merits. Petition disposed.
The HC held that the impugned provisional attachment order dated 1 January 2025 is an appealable order under Section 107, CGST Act. The court recognised that consolidated show-cause notices spanning multiple periods may be interrogated to establish a pattern of fraudulent ITC availment via fictitious firms, and therefore allowed relief to the Petitioner for the period during which the writ petition remained pending. The Petitioner is permitted to institute the statutory appeal before the Commissioner (Appeals) subject to furnishing the prescribed pre-deposit. If the appeal is filed with the requisite pre-deposit by 15 December 2025, it shall not be dismissed on limitation grounds and shall be adjudicated on merits. Petition disposed.
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