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...
VAT dues under Section 48 of the GVAT Act were treated as secured by a statutory first charge, but CST dues were not, because the CST Act created no corresponding charge and Section 9(2) did not import one. The Tribunal held that a statutory charge need not be registered to exist, and that the claimant's omission in the claim form did not defeat it where contemporaneous communications asserted the first charge. It also found no waiver or acquiescence, yet held that the security stood deemed relinquished under Regulation 21A because the creditor did not elect to realise it outside the liquidation estate. VAT dues therefore ranked under the secured-creditor distribution, while CST dues remained unsecured government dues.
VAT dues under Section 48 of the GVAT Act were treated as secured by a statutory first charge, but CST dues were not, because the CST Act created no corresponding charge and Section 9(2) did not import one. The Tribunal held that a statutory charge need not be registered to exist, and that the claimant's omission in the claim form did not defeat it where contemporaneous communications asserted the first charge. It also found no waiver or acquiescence, yet held that the security stood deemed relinquished under Regulation 21A because the creditor did not elect to realise it outside the liquidation estate. VAT dues therefore ranked under the secured-creditor distribution, while CST dues remained unsecured government dues.
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