Related-party creditor exclusion bars CoC participation where lender rights show policy-making involvement, and post-CIRP assignment cannot cure ineli...
Rectification of apparent typographical errors may proceed without hearing when tax liability, input tax credit, and ruling substance remain unchanged...
Dispute Resolution Panel directions bind the Assessing Officer when passing the final assessment order. Retaining a transfer-pricing adjustment despite directed relief is not a clerical error capable of rectification where the Transfer Pricing Officer and Assessing Officer consciously adopted the adjustment contrary to those directions; the final assessment order is consequently bad in law. Under the Other Method, arm's length pricing of intra-group technical and shared services requires comparable uncontrolled transactions or a stated basis for the valuation. The Transfer Pricing Officer cannot test commercial benefit and cannot determine a nil arm's length price on an ad hoc basis where evidence of service receipt and cost allocation remains undiscredited. The consequential transfer-pricing addition is deleted.
Dispute Resolution Panel directions bind the Assessing Officer when passing the final assessment order. Retaining a transfer-pricing adjustment despite directed relief is not a clerical error capable of rectification where the Transfer Pricing Officer and Assessing Officer consciously adopted the adjustment contrary to those directions; the final assessment order is consequently bad in law. Under the Other Method, arm's length pricing of intra-group technical and shared services requires comparable uncontrolled transactions or a stated basis for the valuation. The Transfer Pricing Officer cannot test commercial benefit and cannot determine a nil arm's length price on an ad hoc basis where evidence of service receipt and cost allocation remains undiscredited. The consequential transfer-pricing addition is deleted.
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TaxTMI 
TaxTMI 
