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...
An appeal withdrawn after opting for the Vivad Se Vishwas Scheme was restored because the earlier dismissal was only on withdrawal and not on merits. The Tribunal's refusal to revive the appeal was set aside, as the dispute remained undecided and substantial payment had already been made under the settlement scheme. Restoration was necessary so the appeal could be heard in accordance with law, and so the assessee could, if advised, pursue settlement again under the prevailing scheme while the appeal remained pending. The appeal was therefore revived for disposal on merits.
An appeal withdrawn after opting for the Vivad Se Vishwas Scheme was restored because the earlier dismissal was only on withdrawal and not on merits. The Tribunal's refusal to revive the appeal was set aside, as the dispute remained undecided and substantial payment had already been made under the settlement scheme. Restoration was necessary so the appeal could be heard in accordance with law, and so the assessee could, if advised, pursue settlement again under the prevailing scheme while the appeal remained pending. The appeal was therefore revived for disposal on merits.
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