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...
Fees charged by an electricity regulatory commission for discharging statutory, quasi judicial and regulatory functions do not constitute a taxable supply in the course or furtherance of business because the definitions of 'consideration' and 'business' must be read together under the GST scheme. The analysis adopts precedent finding that regulatory/tribunal like activities are not commercial trade or inducements for supply, and Schedule III excludes services rendered by courts or tribunals. Applying these principles the impugned show cause notice levying GST on tariff petition and licence fees was arbitrary and was quashed; the writ petition succeeds.
Fees charged by an electricity regulatory commission for discharging statutory, quasi judicial and regulatory functions do not constitute a taxable supply in the course or furtherance of business because the definitions of 'consideration' and 'business' must be read together under the GST scheme. The analysis adopts precedent finding that regulatory/tribunal like activities are not commercial trade or inducements for supply, and Schedule III excludes services rendered by courts or tribunals. Applying these principles the impugned show cause notice levying GST on tariff petition and licence fees was arbitrary and was quashed; the writ petition succeeds.
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