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...
Whether the Modified Rehabilitation Scheme (MRS) sanctioned by BIFR included waiver of customs demand: court found Customs had full opportunity to object, BIFR's language "to consider" applied to Income-tax and Central Excise but the scheme explicitly addressed non-fulfilment of export obligations under DGFT and referenced the Rs.81.60 lakh demand identical to the Customs O-O; consequence - the challenge that no positive direction was issued on the Rs.81.60 lakh demand was rejected and the demand falls within the MRS. Whether consolidation of licences required: treated as a factual, administrative step to implement waiver directions - consequence: not legally contentious. Impugned order set aside. - HC
Whether the Modified Rehabilitation Scheme (MRS) sanctioned by BIFR included waiver of customs demand: court found Customs had full opportunity to object, BIFR's language "to consider" applied to Income-tax and Central Excise but the scheme explicitly addressed non-fulfilment of export obligations under DGFT and referenced the Rs.81.60 lakh demand identical to the Customs O-O; consequence - the challenge that no positive direction was issued on the Rs.81.60 lakh demand was rejected and the demand falls within the MRS. Whether consolidation of licences required: treated as a factual, administrative step to implement waiver directions - consequence: not legally contentious. Impugned order set aside. - HC
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