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...
The High Court found the impugned order was passed by the State Tax Officer rather than the Commissioner and remitted the matter for fresh adjudication on merits; remand is conditional on the petitioner depositing 10% of the disputed tax (confirmed in the impugned order) in cash or from the Electronic Cash Ledger within 30 days and filing a substantive reply with documents, treating the impugned order as an addendum to the Show Cause Notice. Because the petitioner's bank account is attached, the respondent may debit 5% each towards CGST and TNGST from the petitioner's Electronic Cash Ledger; failure to comply permits statutory recovery as if the writ were dismissed.
The High Court found the impugned order was passed by the State Tax Officer rather than the Commissioner and remitted the matter for fresh adjudication on merits; remand is conditional on the petitioner depositing 10% of the disputed tax (confirmed in the impugned order) in cash or from the Electronic Cash Ledger within 30 days and filing a substantive reply with documents, treating the impugned order as an addendum to the Show Cause Notice. Because the petitioner's bank account is attached, the respondent may debit 5% each towards CGST and TNGST from the petitioner's Electronic Cash Ledger; failure to comply permits statutory recovery as if the writ were dismissed.
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