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...
Penalty under section 271(1)(c) was set aside for fresh adjudication where it was levied solely on the basis of the assessment order, without an independent examination in the penalty proceedings and without proper consideration of the assessee's material; the matter was restored to the Assessing Officer to provide due opportunity and follow natural justice. On penalty under section 271AAA, the Tribunal held that the provision applies only to a "specified previous year" as defined in the Explanation, and A.Y. 2011-12 did not fall within that description, so the penalty was deleted.
Penalty under section 271(1)(c) was set aside for fresh adjudication where it was levied solely on the basis of the assessment order, without an independent examination in the penalty proceedings and without proper consideration of the assessee's material; the matter was restored to the Assessing Officer to provide due opportunity and follow natural justice. On penalty under section 271AAA, the Tribunal held that the provision applies only to a "specified previous year" as defined in the Explanation, and A.Y. 2011-12 did not fall within that description, so the penalty was deleted.
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