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...
Cancellation of GST registration on the ground that it was obtained by fraud, wilful misstatement, or suppression of facts was held unsustainable where the SCN and cancellation order were vague, laconic, and unsupported by any evidence or reasoned discussion on the alleged fraud or suppression. The authority was found to have acted mechanically on a purported visit report without independent application of mind and without confronting the taxpayer with the adverse material, violating principles of natural justice; the taxpayer's medically explained absence during the visit was not disbelieved. Consequently, the cancellation order and the SCN were quashed. - HC
Cancellation of GST registration on the ground that it was obtained by fraud, wilful misstatement, or suppression of facts was held unsustainable where the SCN and cancellation order were vague, laconic, and unsupported by any evidence or reasoned discussion on the alleged fraud or suppression. The authority was found to have acted mechanically on a purported visit report without independent application of mind and without confronting the taxpayer with the adverse material, violating principles of natural justice; the taxpayer's medically explained absence during the visit was not disbelieved. Consequently, the cancellation order and the SCN were quashed. - HC
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