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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...
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Coercive recovery could not be used to defeat a subsisting statutory right of appeal where the appeal period under the Act and the relevant notification had not expired. The High Court protected the petitioner from recovery because the petitioner stated an intention to file an appeal with a stay application within the available period; if the appeal is filed, the statutory pre-deposit requirement of 10% would apply and recovery would not be pursued in any event. The petition was disposed of with liberty to the Department to recover dues in accordance with law if no appeal is filed, while all merits were kept open.
Coercive recovery could not be used to defeat a subsisting statutory right of appeal where the appeal period under the Act and the relevant notification had not expired. The High Court protected the petitioner from recovery because the petitioner stated an intention to file an appeal with a stay application within the available period; if the appeal is filed, the statutory pre-deposit requirement of 10% would apply and recovery would not be pursued in any event. The petition was disposed of with liberty to the Department to recover dues in accordance with law if no appeal is filed, while all merits were kept open.
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