Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Transfer pricing adjustment challenged the use of differential commission rates by revenue authorities; the TPO/AO applied an ad hoc thumb rule without evidentiary comparables. Treating commission received as the arm's length price for benchmarking commission paid was held impermissible where transactions were not between uncontrolled parties or concluded on uncontrolled conditions. Consequently, the impugned addition was deleted. The AO is directed to give effect to this order and reassess and charge interest consequentially under the relevant tax provisions, and to verify the filing due date before considering interest under the return filing provision.
Transfer pricing adjustment challenged the use of differential commission rates by revenue authorities; the TPO/AO applied an ad hoc thumb rule without evidentiary comparables. Treating commission received as the arm's length price for benchmarking commission paid was held impermissible where transactions were not between uncontrolled parties or concluded on uncontrolled conditions. Consequently, the impugned addition was deleted. The AO is directed to give effect to this order and reassess and charge interest consequentially under the relevant tax provisions, and to verify the filing due date before considering interest under the return filing provision.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
