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...
Sanction for reassessment beyond three years must be granted by the authority specified in section 151(ii) as it stood prior to the 01.04.2023 amendment; approval by a Principal Commissioner not so empowered rendered the sanction invalid. Relying on binding jurisdictional precedent, the article explains that the proviso inserted w.e.f. 01.04.2023 cannot be applied retrospectively, and consequently notices issued under section 148, orders under section 148A(d) and all consequential reassessment proceedings lacked valid sanction and were quashed. The Tribunal therefore did not address the substantive additions.
Sanction for reassessment beyond three years must be granted by the authority specified in section 151(ii) as it stood prior to the 01.04.2023 amendment; approval by a Principal Commissioner not so empowered rendered the sanction invalid. Relying on binding jurisdictional precedent, the article explains that the proviso inserted w.e.f. 01.04.2023 cannot be applied retrospectively, and consequently notices issued under section 148, orders under section 148A(d) and all consequential reassessment proceedings lacked valid sanction and were quashed. The Tribunal therefore did not address the substantive additions.
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