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...
Club or association service did not apply where a builder-developer provided clubhouse and residential amenities as part of the sale of flats, so those collections were not taxable under that category. Electricity recovered unit-wise and remitted to the utility, and the additional backup power charge, could not be taxed as management, maintenance or repair service without evidence that it represented repair consideration. By contrast, interest earned on maintenance deposits, and deposits appropriated toward maintenance charges under the contractual arrangement, were treated as consideration for maintenance and repair service; the related demand, interest, penalty, and extended limitation were sustained.
Club or association service did not apply where a builder-developer provided clubhouse and residential amenities as part of the sale of flats, so those collections were not taxable under that category. Electricity recovered unit-wise and remitted to the utility, and the additional backup power charge, could not be taxed as management, maintenance or repair service without evidence that it represented repair consideration. By contrast, interest earned on maintenance deposits, and deposits appropriated toward maintenance charges under the contractual arrangement, were treated as consideration for maintenance and repair service; the related demand, interest, penalty, and extended limitation were sustained.
Note: It is a system-generated summary and is for quick reference only.
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