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...
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Separate e-way bills generated for the same tax invoices do not alone prove a second taxable supply. However, independent validity periods, vehicle details, movement declarations, changed GR particulars and route discrepancies may support an inference of separate consignments where no contemporaneous records establish uninterrupted movement, trans-shipment or delivery. Tax authorities retain the burden of proving short-payment, but taxpayers and transporters must explain material facts particularly within their knowledge. Tax unpaid on additional outward supplies may be assessed under the non-fraud short-payment regime; delayed output-tax payment attracts interest, and statutory penalty may follow despite absence of fraudulent intent.
Separate e-way bills generated for the same tax invoices do not alone prove a second taxable supply. However, independent validity periods, vehicle details, movement declarations, changed GR particulars and route discrepancies may support an inference of separate consignments where no contemporaneous records establish uninterrupted movement, trans-shipment or delivery. Tax authorities retain the burden of proving short-payment, but taxpayers and transporters must explain material facts particularly within their knowledge. Tax unpaid on additional outward supplies may be assessed under the non-fraud short-payment regime; delayed output-tax payment attracts interest, and statutory penalty may follow despite absence of fraudulent intent.
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