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...
Detention of goods under statutory seizure proceedings was challenged on the grounds that the analytical laboratory report's reliability and admissibility and the petitioner's reply and appeal contentions were not addressed; the appellate order recorded conclusions without reasons. The principle applied requires the adjudicating/appellate authority to consider and deal with grounds raised in reply or memo of appeal and to assign reasons for conclusions. Because multiple grounds were not considered and the order was non speaking, the matter is remanded to the appellate authority for fresh consideration and a reasoned, independent order.
Detention of goods under statutory seizure proceedings was challenged on the grounds that the analytical laboratory report's reliability and admissibility and the petitioner's reply and appeal contentions were not addressed; the appellate order recorded conclusions without reasons. The principle applied requires the adjudicating/appellate authority to consider and deal with grounds raised in reply or memo of appeal and to assign reasons for conclusions. Because multiple grounds were not considered and the order was non speaking, the matter is remanded to the appellate authority for fresh consideration and a reasoned, independent order.
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