Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Writ petitions challenging seizure memos and laboratory test reports were held not maintainable for lack of territorial jurisdiction. Applying the Full Bench test that, beyond a formal cause of action, the court must consider forum conveniens under Article 226, it was held that mere presence of the investigating agency's headquarters or the testing laboratory in Delhi does not confer jurisdiction when the imports, storage, sampling, service of seizure memos, and the petitioners' location are all in Tamil Nadu; testing in Delhi was only incidental and could have occurred elsewhere. The petitions were dismissed with liberty to pursue remedies before the appropriate forum. - HC
Writ petitions challenging seizure memos and laboratory test reports were held not maintainable for lack of territorial jurisdiction. Applying the Full Bench test that, beyond a formal cause of action, the court must consider forum conveniens under Article 226, it was held that mere presence of the investigating agency's headquarters or the testing laboratory in Delhi does not confer jurisdiction when the imports, storage, sampling, service of seizure memos, and the petitioners' location are all in Tamil Nadu; testing in Delhi was only incidental and could have occurred elsewhere. The petitions were dismissed with liberty to pursue remedies before the appropriate forum. - HC
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