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...
Classification of exported services between Group 84 and Group 86 was held to be a question of interpretation; the thin distinction in descriptions and a harmonious reading of invoices supported an interpretative dispute. Because the appellant had a bona fide belief in its Group 86 claim, had paid customs duty and interest, and had accepted and paid an administrative penalty, the conduct did not amount to willful suppression. On that basis penal liability under the customs penalty provision was not warranted and the imposed penalties on the company and its director were set aside, with consequential relief available.
Classification of exported services between Group 84 and Group 86 was held to be a question of interpretation; the thin distinction in descriptions and a harmonious reading of invoices supported an interpretative dispute. Because the appellant had a bona fide belief in its Group 86 claim, had paid customs duty and interest, and had accepted and paid an administrative penalty, the conduct did not amount to willful suppression. On that basis penal liability under the customs penalty provision was not warranted and the imposed penalties on the company and its director were set aside, with consequential relief available.
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