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...
The note addresses territorial competence to challenge rejection of a tax withholding certificate application and the mandatory requirement for a reasoned order when refusing applications under Rule 28AA read with the governing withholding regime. It concludes that, on the facts examined (prior certificates, address of the impugned order, and prior proceedings), the petition was maintainable before the forum despite issuance from another location. It also holds that a one line rejection citing outstanding demands without addressing statutory parameters (brought forward losses, estimated liability, prior certificates, pending refunds) failed Rule 28AA's mandate and remands for a reasoned AO decision within a fixed period.
The note addresses territorial competence to challenge rejection of a tax withholding certificate application and the mandatory requirement for a reasoned order when refusing applications under Rule 28AA read with the governing withholding regime. It concludes that, on the facts examined (prior certificates, address of the impugned order, and prior proceedings), the petition was maintainable before the forum despite issuance from another location. It also holds that a one line rejection citing outstanding demands without addressing statutory parameters (brought forward losses, estimated liability, prior certificates, pending refunds) failed Rule 28AA's mandate and remands for a reasoned AO decision within a fixed period.
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