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 under the customs revision regime was held maintainable because the person concerned was neither a passenger, crew member nor a transfer-of-residence case, and the baggage provisions relied on by the Department were inapplicable. On merits, the Tribunal found the adjudicating authority's exoneration of the appellant to be a reasonable view, since the alleged statement had been retracted, the electronic chats did not show any direction to smuggle watches, and no corroborative evidence or admission linked him to the alleged racket. The Commissioner (Appeals) was faulted for remanding the matter without addressing those findings, so the remand was set aside and the exonerating order restored.
An appeal under the customs revision regime was held maintainable because the person concerned was neither a passenger, crew member nor a transfer-of-residence case, and the baggage provisions relied on by the Department were inapplicable. On merits, the Tribunal found the adjudicating authority's exoneration of the appellant to be a reasonable view, since the alleged statement had been retracted, the electronic chats did not show any direction to smuggle watches, and no corroborative evidence or admission linked him to the alleged racket. The Commissioner (Appeals) was faulted for remanding the matter without addressing those findings, so the remand was set aside and the exonerating order restored.
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