Head Office cost allocation requires prescribed transfer-pricing methods; treaty ceilings bar surcharge and cess, while duplicate taxation is excluded...
Cost-to-cost reimbursement of seconded employees is not service consideration; transfer-pricing markup was deleted and amalgamation amortisation allow...
Crystallisation of liability supports prior-period expense deduction, while functionally distinct divisions require separate transfer-pricing benchmar...
Functional comparability under TNMM requires transaction-specific FAR analysis before benchmarking business-support services provided to associated en...
Advance pricing agreement methodology can guide benchmarking for non-covered years when functions, assets, risks and activities remain materially unch...
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Pending real-estate anti-profiteering investigations may be remanded for fresh project-level computation of input-tax-credit savings and allocation by total area where the earlier methodology is legally unsustainable. A fresh Standing Committee reference is unnecessary where the original reference remains alive and the DGAP acts under remand. The investigation-report time limit is directory, particularly where delayed records caused the delay, and notice, disclosure of the fresh report and opportunity for objections satisfy natural justice. Input-tax-credit benefit must be actually passed to homebuyers through commensurate price reduction; unpassed benefit is refundable with interest proportionate to sold area. A penalty provision does not apply where the entire contravention ended before its commencement.
Pending real-estate anti-profiteering investigations may be remanded for fresh project-level computation of input-tax-credit savings and allocation by total area where the earlier methodology is legally unsustainable. A fresh Standing Committee reference is unnecessary where the original reference remains alive and the DGAP acts under remand. The investigation-report time limit is directory, particularly where delayed records caused the delay, and notice, disclosure of the fresh report and opportunity for objections satisfy natural justice. Input-tax-credit benefit must be actually passed to homebuyers through commensurate price reduction; unpassed benefit is refundable with interest proportionate to sold area. A penalty provision does not apply where the entire contravention ended before its commencement.
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