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...
The note addresses whether Section 8(1) requires recording and service of written reasons to believe when issuing a show-cause notice and the independence of the Adjudicating Authority's satisfaction. It concludes Section 8(1) does not mandate written reasons or their service, distinguishing Section 5(1) which expressly requires recorded reasons at provisional attachment; making reasons available on the record sufficed. The Adjudicating Authority must form its own reason to believe, but no failure of independent satisfaction was shown. Appeals based on non provision of reasons and on untimely production of documents therefore fail for lack of prejudice and admissible pleadings.
The note addresses whether Section 8(1) requires recording and service of written reasons to believe when issuing a show-cause notice and the independence of the Adjudicating Authority's satisfaction. It concludes Section 8(1) does not mandate written reasons or their service, distinguishing Section 5(1) which expressly requires recorded reasons at provisional attachment; making reasons available on the record sufficed. The Adjudicating Authority must form its own reason to believe, but no failure of independent satisfaction was shown. Appeals based on non provision of reasons and on untimely production of documents therefore fail for lack of prejudice and admissible pleadings.
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