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...
Under Section 75(4), a personal hearing is required on demand; because the taxpayer did not file a reply to the show-cause notice and never sought a hearing, the HC held there was no breach of natural justice. The Court also held that the summary GST demand order issued in DRC-07 under Section 73 was appealable under the statute, so objections on merits or technical grounds should have been raised before the appellate authority. Having failed to participate in the proceedings and let the appeal period lapse, the taxpayer could not invoke writ jurisdiction. The writ petition was dismissed.
Under Section 75(4), a personal hearing is required on demand; because the taxpayer did not file a reply to the show-cause notice and never sought a hearing, the HC held there was no breach of natural justice. The Court also held that the summary GST demand order issued in DRC-07 under Section 73 was appealable under the statute, so objections on merits or technical grounds should have been raised before the appellate authority. Having failed to participate in the proceedings and let the appeal period lapse, the taxpayer could not invoke writ jurisdiction. The writ petition was dismissed.
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