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...
The Tribunal accepted the re-investigation report on anti-profiteering, holding that the respondent had failed to commensurately pass on the input tax credit benefit and had thereby contravened the anti-profiteering obligation. It relied on the quantified balance worked out after crediting benefits already passed to home-buyers and directed return of the remaining profiteered amount with interest at 18% from the date of collection until repayment. Separately, it held that the applicant's grievance over interest on money retained after cancellation of allotment arose from a different dispute already pursued before the RERA forum and fell outside the statutory scope of anti-profiteering proceedings, leaving that claim to the appropriate forum.
The Tribunal accepted the re-investigation report on anti-profiteering, holding that the respondent had failed to commensurately pass on the input tax credit benefit and had thereby contravened the anti-profiteering obligation. It relied on the quantified balance worked out after crediting benefits already passed to home-buyers and directed return of the remaining profiteered amount with interest at 18% from the date of collection until repayment. Separately, it held that the applicant's grievance over interest on money retained after cancellation of allotment arose from a different dispute already pursued before the RERA forum and fell outside the statutory scope of anti-profiteering proceedings, leaving that claim to the appropriate forum.
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