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...
Section 170A(2) requires the assessing officer to compute total income in accordance with a business reorganisation order and the modified return. Where the assessment was pending on the date the modified return was filed (clause (b)), the AO must incorporate the scheme effects rather than treat the modified return as subject to fresh re-scrutiny; the HC found re-opening a completed scrutiny of that modified return was contrary to Section 170A(2)(b) and that mechanically issued notices vitiated the process. Consequentially, the impugned notices issued under section 143(2) and 142(1) were quashed and set aside.
Section 170A(2) requires the assessing officer to compute total income in accordance with a business reorganisation order and the modified return. Where the assessment was pending on the date the modified return was filed (clause (b)), the AO must incorporate the scheme effects rather than treat the modified return as subject to fresh re-scrutiny; the HC found re-opening a completed scrutiny of that modified return was contrary to Section 170A(2)(b) and that mechanically issued notices vitiated the process. Consequentially, the impugned notices issued under section 143(2) and 142(1) were quashed and set aside.
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