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...
EDD collected in SVB-related provisional assessments was a refundable deposit and not customs duty; once the related-party valuation issue was concluded in favour of the importer, refund could not be withheld pending finalisation of other Bills of Entry issues such as test reports, demurrage or quantity variations. The Tribunal held that the statutory scheme governing provisional assessment and refund applied to EDD, and rejected the departmental view that all assessments had to be finalised before refund. It further held that the refund application was complete in material respects, so delay in sanctioning refund attracted interest under Section 27A from expiry of three months after receipt of the claim until actual refund.
EDD collected in SVB-related provisional assessments was a refundable deposit and not customs duty; once the related-party valuation issue was concluded in favour of the importer, refund could not be withheld pending finalisation of other Bills of Entry issues such as test reports, demurrage or quantity variations. The Tribunal held that the statutory scheme governing provisional assessment and refund applied to EDD, and rejected the departmental view that all assessments had to be finalised before refund. It further held that the refund application was complete in material respects, so delay in sanctioning refund attracted interest under Section 27A from expiry of three months after receipt of the claim until actual refund.
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