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...
Appellate remand power under Section 107(11) was challenged and the court found that the appellate authority's practice of remitting matters back to the adjudicating authority is impermissible; consequently the court refused to direct the writ petitioner to pursue relief before the GST appellate forum. The court noted connected orders dated 28.06.2024 and 31.05.2024 which remanded matters back and held such remands not permissible under law, and therefore declined the objection seeking relegation to the appellate tribunal for adjudication.
Appellate remand power under Section 107(11) was challenged and the court found that the appellate authority's practice of remitting matters back to the adjudicating authority is impermissible; consequently the court refused to direct the writ petitioner to pursue relief before the GST appellate forum. The court noted connected orders dated 28.06.2024 and 31.05.2024 which remanded matters back and held such remands not permissible under law, and therefore declined the objection seeking relegation to the appellate tribunal for adjudication.
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