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...
Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
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