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...
Exports of white refined sugar made under specific permission and approved quota could not be denied RoDTEP benefits merely because sugar had been placed in the restricted category. The HC held that the restriction did not amount to a total prohibition or absolute ineligibility under the scheme, and that denial on the footing that such exports were prohibited was based on a misreading of the notification and scheme conditions. Applying the principle of uniform interpretation of Central statutes and relying on prior Gujarat HC precedent that had attained finality, the Court directed grant or restoration of RoDTEP benefits, refund of amounts already recovered with interest, and stoppage of coercive recovery.
Exports of white refined sugar made under specific permission and approved quota could not be denied RoDTEP benefits merely because sugar had been placed in the restricted category. The HC held that the restriction did not amount to a total prohibition or absolute ineligibility under the scheme, and that denial on the footing that such exports were prohibited was based on a misreading of the notification and scheme conditions. Applying the principle of uniform interpretation of Central statutes and relying on prior Gujarat HC precedent that had attained finality, the Court directed grant or restoration of RoDTEP benefits, refund of amounts already recovered with interest, and stoppage of coercive recovery.
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