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...
Transitional input tax credit under Section 140 must be examined within its own confined jurisdiction, and issues falling within MVAT proceedings cannot be imported without a proper Section 140 analysis. The appellate authority's findings were vague, non-speaking and did not show a legally structured consideration of the limited credit issue. The High Court therefore set aside the appellate order and remanded the matter for fresh, independent adjudication on transitional input tax credit after hearing both sides, with all contentions left open.
Transitional input tax credit under Section 140 must be examined within its own confined jurisdiction, and issues falling within MVAT proceedings cannot be imported without a proper Section 140 analysis. The appellate authority's findings were vague, non-speaking and did not show a legally structured consideration of the limited credit issue. The High Court therefore set aside the appellate order and remanded the matter for fresh, independent adjudication on transitional input tax credit after hearing both sides, with all contentions left open.
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