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...
Confiscation for misdeclaration of exported gold was sustained under the provision addressing false declarations, because the declared gold content materially exceeded assay results and the exporter admitted misdeclaration; those 244 bangles remain confiscable but are ordered redeemable on payment of a fine equal to 10% of value and a reduced penalty under the penalty provision. By contrast, confiscation of duty free imported gold under the liberalized 20:80 scheme was set aside: such conditionally exempt goods, when not exported, attract duty liability under the scheme but do not constitute prohibited goods for confiscation.
Confiscation for misdeclaration of exported gold was sustained under the provision addressing false declarations, because the declared gold content materially exceeded assay results and the exporter admitted misdeclaration; those 244 bangles remain confiscable but are ordered redeemable on payment of a fine equal to 10% of value and a reduced penalty under the penalty provision. By contrast, confiscation of duty free imported gold under the liberalized 20:80 scheme was set aside: such conditionally exempt goods, when not exported, attract duty liability under the scheme but do not constitute prohibited goods for confiscation.
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