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...
CRCL Kandla test reports were treated as adequate to classify imported synthetic fabric, because the declared entry required 85% or more textured polyester filaments while the reports showed only 60% to 63.5%; the declared Bill of Entry classification was therefore rejected and classification under CTH 54078290 upheld. On valuation, the Tribunal held that reassessment after rejection of declared value must follow the Customs Valuation Rules using relied-upon comparable import data, with invoices and supporting documents disclosed to the importer before fresh determination; the issue was remanded for that purpose. On duty exemption, ambiguity in the Letter of Permission required clarification from the Development Commissioner on whether fresh fabrics were authorised, and duty liability was to be reconsidered only within the scope of the show cause notice; this issue was also remanded.
CRCL Kandla test reports were treated as adequate to classify imported synthetic fabric, because the declared entry required 85% or more textured polyester filaments while the reports showed only 60% to 63.5%; the declared Bill of Entry classification was therefore rejected and classification under CTH 54078290 upheld. On valuation, the Tribunal held that reassessment after rejection of declared value must follow the Customs Valuation Rules using relied-upon comparable import data, with invoices and supporting documents disclosed to the importer before fresh determination; the issue was remanded for that purpose. On duty exemption, ambiguity in the Letter of Permission required clarification from the Development Commissioner on whether fresh fabrics were authorised, and duty liability was to be reconsidered only within the scope of the show cause notice; this issue was also remanded.
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