Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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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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