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...
TNMM comparability under transfer pricing was applied across operating expenses, software services, ITeS, distribution and manufacturing segments, with the Tribunal treating provision for doubtful debts and routine rates and taxes as operating items, revising the comparable sets on functional similarity and turnover filters, and directing gross-margin benchmarking for the distribution segment. It held that working capital differences require adjustment under TNMM and remitted quantification for fresh computation. Delayed receivables were not sustained as a notional interest adjustment on the facts, and the royalty and intra-group service payments were accepted as closely linked business transactions that could not be benchmarked at nil without proper comparability analysis. The disallowance under section 40(a)(ia) was also deleted for lack of proof of TDS liability.
TNMM comparability under transfer pricing was applied across operating expenses, software services, ITeS, distribution and manufacturing segments, with the Tribunal treating provision for doubtful debts and routine rates and taxes as operating items, revising the comparable sets on functional similarity and turnover filters, and directing gross-margin benchmarking for the distribution segment. It held that working capital differences require adjustment under TNMM and remitted quantification for fresh computation. Delayed receivables were not sustained as a notional interest adjustment on the facts, and the royalty and intra-group service payments were accepted as closely linked business transactions that could not be benchmarked at nil without proper comparability analysis. The disallowance under section 40(a)(ia) was also deleted for lack of proof of TDS liability.
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