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 central issue is classification of a repackaged rice bran oil marketed as lamp oil under competing tariff headings; the Court declined to determine classification, reasoning that statutory administrative and appellate fora must decide classification to secure uniformity and avoid divergent High Court rulings, and because material factual disputes require adjudication by the designated authorities. Outcome: the writ petition is dismissed, and the petitioner is granted liberty to pursue the statutory appeal before the Appellate Authority within 30 days. - HC
The central issue is classification of a repackaged rice bran oil marketed as lamp oil under competing tariff headings; the Court declined to determine classification, reasoning that statutory administrative and appellate fora must decide classification to secure uniformity and avoid divergent High Court rulings, and because material factual disputes require adjudication by the designated authorities. Outcome: the writ petition is dismissed, and the petitioner is granted liberty to pursue the statutory appeal before the Appellate Authority within 30 days. - HC
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