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...
Reopening assessments based on documents found during a search must respect the ten-year limitation applicable to reassessments under the tax statute; the High Court found that treating the search date and subsequent assessment year calculation rendered the impugned reopening for the earlier assessment year beyond the permissible ten years and therefore invalid, and quashed the reopening for that year. The Court held that the limitation point is a pure question of statutory interpretation that may be raised at any stage and exercised its writ jurisdiction to set aside the reassessment initiated in breach of the limitation rule.
Reopening assessments based on documents found during a search must respect the ten-year limitation applicable to reassessments under the tax statute; the High Court found that treating the search date and subsequent assessment year calculation rendered the impugned reopening for the earlier assessment year beyond the permissible ten years and therefore invalid, and quashed the reopening for that year. The Court held that the limitation point is a pure question of statutory interpretation that may be raised at any stage and exercised its writ jurisdiction to set aside the reassessment initiated in breach of the limitation rule.
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