Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
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...
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Bail was considered in a prosecution alleging fraudulent availment and use of input tax credit and issuance of bogus invoices. The Court treated the evidence as mainly documentary, noted that no custodial remand had been sought, and accepted that the applicant's presence could be secured during trial. It also relied on the absence of criminal antecedents, the limited sentence exposure, the applicant's continued incarceration, his undertaking to cooperate, and parity with the co-accused, and therefore enlarged him on bail subject to conditions.
Bail was considered in a prosecution alleging fraudulent availment and use of input tax credit and issuance of bogus invoices. The Court treated the evidence as mainly documentary, noted that no custodial remand had been sought, and accepted that the applicant's presence could be secured during trial. It also relied on the absence of criminal antecedents, the limited sentence exposure, the applicant's continued incarceration, his undertaking to cooperate, and parity with the co-accused, and therefore enlarged him on bail subject to conditions.
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