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...
Procedural challenge based on delay, Rule 4 non-compliance and denial of cross-examination failed because the Tribunal found a prior investigation, notice through summons, supply of relied-upon documents, replies, hearing and recorded satisfaction to proceed, with no prejudice shown. An authorised person under FEMA was held amenable to penalty because the statutory definition of "person" is broad and Chapter III does not grant immunity from Section 13 action. The company's issuance of forex prepaid cards without verifying actual travellers, passports or KYC particulars, and acceptance of funds from third parties, supported the findings of contraventions. Personal liability of the company officer was rejected because he was not in charge during the relevant period and could not be treated as a de facto declarant.
Procedural challenge based on delay, Rule 4 non-compliance and denial of cross-examination failed because the Tribunal found a prior investigation, notice through summons, supply of relied-upon documents, replies, hearing and recorded satisfaction to proceed, with no prejudice shown. An authorised person under FEMA was held amenable to penalty because the statutory definition of "person" is broad and Chapter III does not grant immunity from Section 13 action. The company's issuance of forex prepaid cards without verifying actual travellers, passports or KYC particulars, and acceptance of funds from third parties, supported the findings of contraventions. Personal liability of the company officer was rejected because he was not in charge during the relevant period and could not be treated as a de facto declarant.
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