Independent manufacturing undertaking eligibility preserves Section 80IA/80IB deductions, while machinery kept ready for use qualifies for depreciatio...
Assessing Officer Satisfaction Requirement Bars Penalty for Cash Receipt in Immovable-Property Sale Cases Where Initiation Lacks Recorded Satisfaction...
Self-assessed import entries remain appealable, while bona fide classification disputes without misdeclaration cannot justify confiscation or penaltie...
Actual-user customs exemption conditions permit turnkey project transfers when imported windmill components are exclusively used for installation and ...
Customs offence disqualification excludes civil contraventions, preventing refusal of a private bonded warehouse licence based solely on monetary pena...
A mistaken reference to the wrong tax penalty provision does not, by itself, invalidate proceedings; however, where the order imposes a penalty rate consistent with the wrong provision, the error is substantive rather than clerical. The discrepancy between a 100% penalty under one provision and a 50% penalty under the applicable provision showed that the power had been exercised on the wrong footing, making the order unsustainable. Fresh proceedings may be initiated under the correct provision in accordance with law.
A mistaken reference to the wrong tax penalty provision does not, by itself, invalidate proceedings; however, where the order imposes a penalty rate consistent with the wrong provision, the error is substantive rather than clerical. The discrepancy between a 100% penalty under one provision and a 50% penalty under the applicable provision showed that the power had been exercised on the wrong footing, making the order unsustainable. Fresh proceedings may be initiated under the correct provision in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
