Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and s...
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 validity of an assessment issued under an omitted statutory provision; the court found the authority had applied a repealed provision instead of the substituted provision introduced by amendment, rendering the impugned order invalid and therefore set aside. The order must be treated as a show cause notice; the affected party is directed to file a reply with documents within six weeks, after which the authority shall issue a clear 14-day notice fixing personal hearing and thereafter decide on merits in accordance with law. Writ petition disposed accordingly.
Challenge concerned validity of an assessment issued under an omitted statutory provision; the court found the authority had applied a repealed provision instead of the substituted provision introduced by amendment, rendering the impugned order invalid and therefore set aside. The order must be treated as a show cause notice; the affected party is directed to file a reply with documents within six weeks, after which the authority shall issue a clear 14-day notice fixing personal hearing and thereafter decide on merits in accordance with law. Writ petition disposed accordingly.
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