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...
Profiteering analysis found a residual input-tax-credit benefit of Rs.5,80,280 due to 13 eligible home buyers in a residential project; respondent already passed greater ITC benefit to 240 buyers. Tribunal directs the respondent to pay the balance Rs.5,80,280 to the 13 buyers with interest as per Rule 133(3)(b) within 30 days and to file a compliance report with the CGST/SGST Commissioner and DGAP within two months. Penalty under Section 171(3A) is held leviable because the contravention period extends into the provision's operative date (01.01.2020).
Profiteering analysis found a residual input-tax-credit benefit of Rs.5,80,280 due to 13 eligible home buyers in a residential project; respondent already passed greater ITC benefit to 240 buyers. Tribunal directs the respondent to pay the balance Rs.5,80,280 to the 13 buyers with interest as per Rule 133(3)(b) within 30 days and to file a compliance report with the CGST/SGST Commissioner and DGAP within two months. Penalty under Section 171(3A) is held leviable because the contravention period extends into the provision's operative date (01.01.2020).
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