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...
Tax-audit exemption for substantially State-funded educational universities prevents audit-failure penalties where income qualifies for statutory exem...
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Failure to account for goods requires tax determination by treating them as supplied under statutory assessment provisions. Excess or unaccounted stock identified during a business-premises survey should therefore be assessed under those provisions rather than subjected directly to confiscation or a fine in lieu of confiscation. On that basis, confiscation proceedings and the consequential tax, penalty and fine were unsustainable, and the original order remained set aside while the revenue challenge failed.
Failure to account for goods requires tax determination by treating them as supplied under statutory assessment provisions. Excess or unaccounted stock identified during a business-premises survey should therefore be assessed under those provisions rather than subjected directly to confiscation or a fine in lieu of confiscation. On that basis, confiscation proceedings and the consequential tax, penalty and fine were unsustainable, and the original order remained set aside while the revenue challenge failed.
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