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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...
A HC set aside CESTAT's order granting provisional release of goods because it was non-speaking and did not address the Customs Department's objections, including the absence of BIS certificates for the subject goods. The court held that an order affecting release could not stand without reasons dealing with the objections raised. It quashed the miscellaneous order and directed the Tribunal to decide the pending customs appeal expeditiously on merits, while recording the Department's undertaking not to destroy or alienate the goods until disposal of the appeal.
A HC set aside CESTAT's order granting provisional release of goods because it was non-speaking and did not address the Customs Department's objections, including the absence of BIS certificates for the subject goods. The court held that an order affecting release could not stand without reasons dealing with the objections raised. It quashed the miscellaneous order and directed the Tribunal to decide the pending customs appeal expeditiously on merits, while recording the Department's undertaking not to destroy or alienate the goods until disposal of the appeal.
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