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...
Admissibility of electronic printouts and statements recorded under section 108 in customs valuation was the central issue. Tribunal found absence of evidence about how printouts were produced, lack of certificates and no recording in Panchnamas meant the printouts could not be relied upon for undervaluation findings, so the re-determination of transaction value, differential duty and penalties could not be sustained; consequently the impugned reassessment and related demands/penalties were set aside and the appeals allowed.
Admissibility of electronic printouts and statements recorded under section 108 in customs valuation was the central issue. Tribunal found absence of evidence about how printouts were produced, lack of certificates and no recording in Panchnamas meant the printouts could not be relied upon for undervaluation findings, so the re-determination of transaction value, differential duty and penalties could not be sustained; consequently the impugned reassessment and related demands/penalties were set aside and the appeals allowed.
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