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...
Before invoking Chapter X transfer pricing provisions, the assessee contended that the Assessing Officer must first establish that the alleged income arises from an international transaction chargeable to tax in India, including under the DTAA, and that the reference to the TPO without such determination was jurisdictionally defective. The Revenue sought time to reply, and the Court directed filing of an affidavit in reply and listed the matter for ad-interim relief. Pending disposal of the writ petition, the Court granted ad-interim stay of the show cause notice, impugned order, reference to the Transfer Pricing Officer, and the assessment proceedings, without prejudice to the parties' rights and contentions.
Before invoking Chapter X transfer pricing provisions, the assessee contended that the Assessing Officer must first establish that the alleged income arises from an international transaction chargeable to tax in India, including under the DTAA, and that the reference to the TPO without such determination was jurisdictionally defective. The Revenue sought time to reply, and the Court directed filing of an affidavit in reply and listed the matter for ad-interim relief. Pending disposal of the writ petition, the Court granted ad-interim stay of the show cause notice, impugned order, reference to the Transfer Pricing Officer, and the assessment proceedings, without prejudice to the parties' rights and contentions.
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