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...
Duty on supply of M.S. scrap to an SEZ unit was held unsustainable because the statutory SEZ scheme displaced the customs duty levy; the duty demand was therefore set aside. As the underlying duty demand failed, the related interest also could not survive, and penalty under section 114, being consequential to the alleged duty liability, was likewise vacated. Penalty under section 114AA was also set aside because the show cause notice did not propose that penalty, so the appellant had no notice to meet that charge.
Duty on supply of M.S. scrap to an SEZ unit was held unsustainable because the statutory SEZ scheme displaced the customs duty levy; the duty demand was therefore set aside. As the underlying duty demand failed, the related interest also could not survive, and penalty under section 114, being consequential to the alleged duty liability, was likewise vacated. Penalty under section 114AA was also set aside because the show cause notice did not propose that penalty, so the appellant had no notice to meet that charge.
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