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...
Non-upload of judicial orders prevented the appellant from being fairly bound to take fresh service steps, because the directions were not available to the Registry in time for compliance. Applying actus curiae neminem gravabit, the NCLAT held that a party cannot be prejudiced by delay attributable to the court process itself. The dismissal of the Section 7 petition for non-service was set aside, the petition was restored, and the matter was remanded to the Adjudicating Authority for disposal in accordance with law after hearing the parties.
Non-upload of judicial orders prevented the appellant from being fairly bound to take fresh service steps, because the directions were not available to the Registry in time for compliance. Applying actus curiae neminem gravabit, the NCLAT held that a party cannot be prejudiced by delay attributable to the court process itself. The dismissal of the Section 7 petition for non-service was set aside, the petition was restored, and the matter was remanded to the Adjudicating Authority for disposal in accordance with law after hearing the parties.
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