Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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In transfer pricing comparability, Excel Infoways Ltd. was excluded because Tribunal precedent noted low employee cost and fluctuating margins, and that exclusion was upheld. Jindal Intellicom Ltd. was directed to be included in the final comparable set because it had been accepted in the assessee's own earlier year and no material change in functional profile was shown for the relevant year. The Tribunal also held that working capital adjustment must be allowed while giving effect to the order, as differences affecting comparability must be adjusted in the profit margin of independent comparables. Revenue's appeal was dismissed and the assessee's cross-objection was partly allowed.
In transfer pricing comparability, Excel Infoways Ltd. was excluded because Tribunal precedent noted low employee cost and fluctuating margins, and that exclusion was upheld. Jindal Intellicom Ltd. was directed to be included in the final comparable set because it had been accepted in the assessee's own earlier year and no material change in functional profile was shown for the relevant year. The Tribunal also held that working capital adjustment must be allowed while giving effect to the order, as differences affecting comparability must be adjusted in the profit margin of independent comparables. Revenue's appeal was dismissed and the assessee's cross-objection was partly allowed.
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