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 concerned legality of demand arising from debonding of capital goods and admissibility of input tax credit (ITC). Court noted customs NOC confirmed IGST liability on debonding of indigenous goods and that payment had been discharged; petitioner contended this precluded a second demand by state authorities, with consequence that the impugned demand for the same IGST was contested. Court recorded petitioners concession not to contest a specified portion relating to tax, interest and penalty, while permitting challenge to remaining demands alleging excess or ineligible ITC; consequence: petitioner directed to pursue remedy before the Joint Commissioner (Appeals) and writ disposed on those terms.
Challenge concerned legality of demand arising from debonding of capital goods and admissibility of input tax credit (ITC). Court noted customs NOC confirmed IGST liability on debonding of indigenous goods and that payment had been discharged; petitioner contended this precluded a second demand by state authorities, with consequence that the impugned demand for the same IGST was contested. Court recorded petitioners concession not to contest a specified portion relating to tax, interest and penalty, while permitting challenge to remaining demands alleging excess or ineligible ITC; consequence: petitioner directed to pursue remedy before the Joint Commissioner (Appeals) and writ disposed on those terms.
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