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...
The principal issue was whether provisional attachment of corporate properties was lawful as proceeds of crime were allegedly injected into the company via purchase of share warrants, subsequent conversion to equity, and loans routed through NBFCs controlled by the accused. The tribunal relied on detailed factual money-trail in the original complaint identifying extensive related entities and payments (including an additional payment of Rs. 39.75 crores) and found loans, even if repaid, originated from tainted funds; consequently the attachment was lawful and the appeals were dismissed. - AT
The principal issue was whether provisional attachment of corporate properties was lawful as proceeds of crime were allegedly injected into the company via purchase of share warrants, subsequent conversion to equity, and loans routed through NBFCs controlled by the accused. The tribunal relied on detailed factual money-trail in the original complaint identifying extensive related entities and payments (including an additional payment of Rs. 39.75 crores) and found loans, even if repaid, originated from tainted funds; consequently the attachment was lawful and the appeals were dismissed. - AT
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