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...
Petitioner's liability for unpaid tax and wrongly availed input tax credit was upheld because notices and hearings were served through its chartered accountant who acted as its agent; acts of the agent bound the principal, and petitioner's failure to respond justified demand orders. The availability of statutory appeal remedies was emphasised and the Court held rectification cannot be claimed as an error apparent on the face of the record; the remedy for the agent's alleged misappropriation is a separate civil/criminal recourse. Writ petition dismissed for lack of merit.
Petitioner's liability for unpaid tax and wrongly availed input tax credit was upheld because notices and hearings were served through its chartered accountant who acted as its agent; acts of the agent bound the principal, and petitioner's failure to respond justified demand orders. The availability of statutory appeal remedies was emphasised and the Court held rectification cannot be claimed as an error apparent on the face of the record; the remedy for the agent's alleged misappropriation is a separate civil/criminal recourse. Writ petition dismissed for lack of merit.
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