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...
Tribunal affirmed the Adjudicating Authority's rejection of an insolvency petition on the ground that the Corporate Debtor had raised a bona fide pre-existing dispute prior to the demand notice. Applying the plausible contention test, the Tribunal held the debtor's pre-demand communication denying privity, seeking detailed transaction particulars, and the invoices' lack of corroborative customer/delivery data amounted to a dispute requiring further investigation and not a patently spurious defence; accordingly the petition was correctly dismissed as barred by the pre-existing dispute doctrine.
Tribunal affirmed the Adjudicating Authority's rejection of an insolvency petition on the ground that the Corporate Debtor had raised a bona fide pre-existing dispute prior to the demand notice. Applying the plausible contention test, the Tribunal held the debtor's pre-demand communication denying privity, seeking detailed transaction particulars, and the invoices' lack of corroborative customer/delivery data amounted to a dispute requiring further investigation and not a patently spurious defence; accordingly the petition was correctly dismissed as barred by the pre-existing dispute doctrine.
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