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...
Show Cause Notice was limited to alleged absence of Mean Reflectance (MR) testing from an authorised laboratory and asserted unreliability of load port CSN values; the impugned adjudication impermissibly relied on later laboratory reports not cited in the notice, creating a jurisdictional defect and rendering that reliance unsustainable. On merits, contemporaneous import evidence (load port certificate and Customs chemical report) met the Notification No. 21/2002 exemption thresholds for MR and CSN; belated testing more than two years after sampling was not shown to be scientifically reliable or preserved, so it could not displace the contemporaneous evidence and entitlement to exemption was established.
Show Cause Notice was limited to alleged absence of Mean Reflectance (MR) testing from an authorised laboratory and asserted unreliability of load port CSN values; the impugned adjudication impermissibly relied on later laboratory reports not cited in the notice, creating a jurisdictional defect and rendering that reliance unsustainable. On merits, contemporaneous import evidence (load port certificate and Customs chemical report) met the Notification No. 21/2002 exemption thresholds for MR and CSN; belated testing more than two years after sampling was not shown to be scientifically reliable or preserved, so it could not displace the contemporaneous evidence and entitlement to exemption was established.
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