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...
Mandatory BIS registration for specified electrical imports was held to be a procedural requirement whose superseding Quality Control Order operates prospectively, so there was no retrospective obligation at import; the superseding order deferred registration and expressly excluded prior acts. Because the breach was procedural and there was no mens rea by the importer, confiscation and penalty were deemed unwarranted. The operative relief ordered was payment of a redemption fine of Rs. 15,000 and release of the goods on payment within one week of receiving the certified order.
Mandatory BIS registration for specified electrical imports was held to be a procedural requirement whose superseding Quality Control Order operates prospectively, so there was no retrospective obligation at import; the superseding order deferred registration and expressly excluded prior acts. Because the breach was procedural and there was no mens rea by the importer, confiscation and penalty were deemed unwarranted. The operative relief ordered was payment of a redemption fine of Rs. 15,000 and release of the goods on payment within one week of receiving the certified order.
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