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...
Challenge concerns validity of service where notices/orders were uploaded under an inaccessible portal tab, preventing the taxpayer from responding and leading to an ex parte assessment under Section 73. The tribunal found that electronic upload in an inaccessible category did not satisfy principles of natural justice because the affected person was not given a realistic opportunity to be heard; consequent rejection of a rectification application was without reasons and vitiated. The impugned rectification rejection was quashed and the matter remitted for reconsideration, directing fresh, reasoned disposal of the rectification plea and consideration of records and explanations with opportunity to the taxpayer.
Challenge concerns validity of service where notices/orders were uploaded under an inaccessible portal tab, preventing the taxpayer from responding and leading to an ex parte assessment under Section 73. The tribunal found that electronic upload in an inaccessible category did not satisfy principles of natural justice because the affected person was not given a realistic opportunity to be heard; consequent rejection of a rectification application was without reasons and vitiated. The impugned rectification rejection was quashed and the matter remitted for reconsideration, directing fresh, reasoned disposal of the rectification plea and consideration of records and explanations with opportunity to the taxpayer.
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