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...
Virtual performance of services by e-mail, video conferencing or conference calls was not treated as physical rendition in India for withholding tax purposes, because no specific provision in law or the DTAA deemed such services to be physically rendered in India. The Court also upheld refusal of a nil certificate under Section 197, reading Rule 28AA to require consideration of existing and estimated tax liability, including prior assessed liability; subsisting adverse findings in the petitioner's own case justified rejection. It declined to decide the treaty-based non-taxability claim on merits in writ jurisdiction, as the same issue was already pending in appellate proceedings.
Virtual performance of services by e-mail, video conferencing or conference calls was not treated as physical rendition in India for withholding tax purposes, because no specific provision in law or the DTAA deemed such services to be physically rendered in India. The Court also upheld refusal of a nil certificate under Section 197, reading Rule 28AA to require consideration of existing and estimated tax liability, including prior assessed liability; subsisting adverse findings in the petitioner's own case justified rejection. It declined to decide the treaty-based non-taxability claim on merits in writ jurisdiction, as the same issue was already pending in appellate proceedings.
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