Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
HC addressed a challenge regarding natural justice principles in adjudication proceedings. Petitioners sought cross-examination rights of DRI officers following Show Cause Notices. Court directed respondents to consider petitioners' request for cross-examination on merits after granting one personal hearing. If respondents reject cross-examination request, they must issue a reasoned order before proceeding with final adjudication. Such decision must be communicated to petitioners within one week. Court maintained existing interim stay on proceedings pending this determination. Emphasized that rejection of cross-examination rights must be through speaking order, preserving respondents' authority to subsequently pass final adjudication order on merits in accordance with law.
HC addressed a challenge regarding natural justice principles in adjudication proceedings. Petitioners sought cross-examination rights of DRI officers following Show Cause Notices. Court directed respondents to consider petitioners' request for cross-examination on merits after granting one personal hearing. If respondents reject cross-examination request, they must issue a reasoned order before proceeding with final adjudication. Such decision must be communicated to petitioners within one week. Court maintained existing interim stay on proceedings pending this determination. Emphasized that rejection of cross-examination rights must be through speaking order, preserving respondents' authority to subsequently pass final adjudication order on merits in accordance with law.
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