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...
A company struck off the register remains liable for its statutory obligations and for payment of previously imposed penalties; the company therefore remains liable even after striking off. Directors can incur continuing personal liability arising from those obligations, and the appeal by the struck-off company was dismissed for failure to comply with the pre deposit requirement under Section 19(1) of FEMA, resulting in non entertainment of that appeal. Civil penalties under the relevant FEMA provision are payable regardless of mens rea; the tribunal applied that principle but granted proportional relief by reducing an individual director's penalty to Rs.100,000, with prior pre deposits adjusted against that reduced amount.
A company struck off the register remains liable for its statutory obligations and for payment of previously imposed penalties; the company therefore remains liable even after striking off. Directors can incur continuing personal liability arising from those obligations, and the appeal by the struck-off company was dismissed for failure to comply with the pre deposit requirement under Section 19(1) of FEMA, resulting in non entertainment of that appeal. Civil penalties under the relevant FEMA provision are payable regardless of mens rea; the tribunal applied that principle but granted proportional relief by reducing an individual director's penalty to Rs.100,000, with prior pre deposits adjusted against that reduced amount.
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