Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Transfer pricing adjustment on AMP expenditure was deleted because the Bright Line Test could not be applied to determine arm's length price, following Delhi High Court and coordinate Bench precedent; the Tribunal held no adjustment was warranted on the assessee's AMP spend. The section 43B issue on bonus payment was not decided on merits and was remitted to verify whether the bonus was paid within the return-filing due date, in which case no addition would arise. Claims relating to short grant of self-assessment tax credit and deduction of interest on VAT duty were also restored for fresh examination. The appeal was thus partly allowed.
Transfer pricing adjustment on AMP expenditure was deleted because the Bright Line Test could not be applied to determine arm's length price, following Delhi High Court and coordinate Bench precedent; the Tribunal held no adjustment was warranted on the assessee's AMP spend. The section 43B issue on bonus payment was not decided on merits and was remitted to verify whether the bonus was paid within the return-filing due date, in which case no addition would arise. Claims relating to short grant of self-assessment tax credit and deduction of interest on VAT duty were also restored for fresh examination. The appeal was thus partly allowed.
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