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...
General penalty under the GST law for failure to file annual return was held impermissible where late fee had already been levied for the same default, since Section 125 applies only where no penalty is leviable under Section 47; the general penalty was therefore quashed. The late fee computation under Section 47(2) was found erroneous because the authority first computed a consolidated late fee and then split it between CGST and SGST; instead, the correctly computed total late fee had to be apportioned equally, resulting in a reduced late fee payable. Upon payment of the modified late fee, the bank account was directed to be defrozen. - HC
General penalty under the GST law for failure to file annual return was held impermissible where late fee had already been levied for the same default, since Section 125 applies only where no penalty is leviable under Section 47; the general penalty was therefore quashed. The late fee computation under Section 47(2) was found erroneous because the authority first computed a consolidated late fee and then split it between CGST and SGST; instead, the correctly computed total late fee had to be apportioned equally, resulting in a reduced late fee payable. Upon payment of the modified late fee, the bank account was directed to be defrozen. - HC
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