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...
In proceedings alleging diversion of goods from a customs bonded warehouse into the domestic market, the dominant issue was whether the noticee had an enforceable right to cross-examine persons whose statements were relied upon. The authority held that customs officials, having acted in discharge of official duties, cannot be compelled to submit to cross-examination as a matter of right; the right is not absolute and requires demonstration of prejudice affecting substantial justice, hence cross-examination of such officials was denied. However, independent customs brokers and private warehouse staff were treated as non-official witnesses, so cross-examination of those individuals was permitted, and the impugned order was modified accordingly. - HC
In proceedings alleging diversion of goods from a customs bonded warehouse into the domestic market, the dominant issue was whether the noticee had an enforceable right to cross-examine persons whose statements were relied upon. The authority held that customs officials, having acted in discharge of official duties, cannot be compelled to submit to cross-examination as a matter of right; the right is not absolute and requires demonstration of prejudice affecting substantial justice, hence cross-examination of such officials was denied. However, independent customs brokers and private warehouse staff were treated as non-official witnesses, so cross-examination of those individuals was permitted, and the impugned order was modified accordingly. - HC
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