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 High Court held that the adjudication order, as modified by the appellate order, remained binding on departmental officers and could not be disregarded in the absence of any stay from the Tribunal. As the duty, redemption fine and penalties had already been deposited, the Revenue's interest stood secured and there was no legal basis to continue detention of the confiscated goods. The Court therefore directed release of the goods for re-export upon confirmation that the deposited amount had been credited to the Government treasury.
The High Court held that the adjudication order, as modified by the appellate order, remained binding on departmental officers and could not be disregarded in the absence of any stay from the Tribunal. As the duty, redemption fine and penalties had already been deposited, the Revenue's interest stood secured and there was no legal basis to continue detention of the confiscated goods. The Court therefore directed release of the goods for re-export upon confirmation that the deposited amount had been credited to the Government treasury.
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