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...
Review jurisdiction was exercised to reopen earlier Tribunal orders because the Supreme Court's three-Judge Bench order recalling Ganpati Dealcom and granting liberty to seek review was treated as binding. The Tribunal held it had no competence to disregard that order or treat it as per incuriam, and a contrary Gauhati High Court view could not override binding Supreme Court precedent. On the Tribunal's earlier reasoning regarding review and delay, the review petitions were entertained, the delay in filing was condoned, and the matters were reopened.
Review jurisdiction was exercised to reopen earlier Tribunal orders because the Supreme Court's three-Judge Bench order recalling Ganpati Dealcom and granting liberty to seek review was treated as binding. The Tribunal held it had no competence to disregard that order or treat it as per incuriam, and a contrary Gauhati High Court view could not override binding Supreme Court precedent. On the Tribunal's earlier reasoning regarding review and delay, the review petitions were entertained, the delay in filing was condoned, and the matters were reopened.
Note: It is a system-generated summary and is for quick reference only.