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...
AO lacked jurisdiction to complete a set-aside regular assessment by relying on seized material that was not before the appellate authority at the time of set-aside; only material available at the time of set-aside may be applied in completing directions. The appellate authority must issue an enhancement notice and obtain the assessee's response before directing fresh assessment on enhanced grounds. Seized material obtained subsequently can only be pursued through separate search-assessment proceedings and cannot be injected into set-aside proceedings; the AO's use of such material rendered the assessment invalid.
AO lacked jurisdiction to complete a set-aside regular assessment by relying on seized material that was not before the appellate authority at the time of set-aside; only material available at the time of set-aside may be applied in completing directions. The appellate authority must issue an enhancement notice and obtain the assessee's response before directing fresh assessment on enhanced grounds. Seized material obtained subsequently can only be pursued through separate search-assessment proceedings and cannot be injected into set-aside proceedings; the AO's use of such material rendered the assessment invalid.
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