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...
Registration of an ECIR under the PML Act is not automatic on the existence of a predicate offence; the authorised officer must form and record reasons to believe, on the basis of materials in possession, that proceeds of crime exist and Section 3 is attracted. An ECIR is an internal document and the statutory decision to initiate proceedings lies with the Enforcement Directorate, so a High Court cannot compel registration merely because a predicate offence appears to exist prima facie. The writ petition seeking such a direction was dismissed, leaving initiation of proceedings to the Enforcement Directorate's independent satisfaction.
Registration of an ECIR under the PML Act is not automatic on the existence of a predicate offence; the authorised officer must form and record reasons to believe, on the basis of materials in possession, that proceeds of crime exist and Section 3 is attracted. An ECIR is an internal document and the statutory decision to initiate proceedings lies with the Enforcement Directorate, so a High Court cannot compel registration merely because a predicate offence appears to exist prima facie. The writ petition seeking such a direction was dismissed, leaving initiation of proceedings to the Enforcement Directorate's independent satisfaction.
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