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...
Omission of section 92BA(1) without a saving clause rendered the provision nonexistent, therefore any assessment officer reference to the transfer pricing officer to determine the arm's length price of specified domestic transactions lacked jurisdiction and the TPO's consequential order was invalid; the appellate authority has deleted the additions and the revenue appeal was dismissed, applying the principle that where a statutory provision is omitted from the statute book the AO cannot invoke that provision to re open or adjust domestic transfer pricing.
Omission of section 92BA(1) without a saving clause rendered the provision nonexistent, therefore any assessment officer reference to the transfer pricing officer to determine the arm's length price of specified domestic transactions lacked jurisdiction and the TPO's consequential order was invalid; the appellate authority has deleted the additions and the revenue appeal was dismissed, applying the principle that where a statutory provision is omitted from the statute book the AO cannot invoke that provision to re open or adjust domestic transfer pricing.
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