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...
Revocation of a customs broker licence was set aside because findings rested on assumptions, covert market surveys and hearsay rather than admissible proof; the broker's KYC and documentary checks satisfied the due diligence standard under Regulation 10(n) and did not require physical inspection; procedural defects including failure to consider replies and delayed inquiry vitiated disciplinary action; consequential forfeiture and penalty were quashed and the licence restored with directions to return security and penalty, the Tribunal concluding evidence was insufficient and the inquiry procedurally flawed.
Revocation of a customs broker licence was set aside because findings rested on assumptions, covert market surveys and hearsay rather than admissible proof; the broker's KYC and documentary checks satisfied the due diligence standard under Regulation 10(n) and did not require physical inspection; procedural defects including failure to consider replies and delayed inquiry vitiated disciplinary action; consequential forfeiture and penalty were quashed and the licence restored with directions to return security and penalty, the Tribunal concluding evidence was insufficient and the inquiry procedurally flawed.
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