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...
ITAT determined that assessment framed under provisions relating to adjudication under a special dispute resolution mechanism is time-barred due to the interplay of limitation provisions, finding the assessment barred by the limitation regime and consequently quashing the final assessment. The decision notes that the revenue must follow the procedure for an identical question pending before higher courts under the statutory mechanism, and it relies on coordinate bench and High Court precedents to uphold consistency. Parties are granted liberty to revive the appeal if the Supreme Court Larger Bench decision on the limitation issue alters this result.
ITAT determined that assessment framed under provisions relating to adjudication under a special dispute resolution mechanism is time-barred due to the interplay of limitation provisions, finding the assessment barred by the limitation regime and consequently quashing the final assessment. The decision notes that the revenue must follow the procedure for an identical question pending before higher courts under the statutory mechanism, and it relies on coordinate bench and High Court precedents to uphold consistency. Parties are granted liberty to revive the appeal if the Supreme Court Larger Bench decision on the limitation issue alters this result.
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