Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
CESTAT set aside penalties for abetment of improper export and for use of false or incorrect material because the record did not show a specific, corroborated role by the appellant in overvaluation, misclassification, or the drawback claim. The evidence only linked him to helping obtain a fake driving licence and facilitate a bank account for the alleged mastermind, which was insufficient for penalty under Section 114(iii) and outside the scope of Section 114AA, as he was not shown to have filed, made, signed, or used any false customs document. The Tribunal also held that Section 117 could not be invoked without a show cause notice proposing that penalty.
CESTAT set aside penalties for abetment of improper export and for use of false or incorrect material because the record did not show a specific, corroborated role by the appellant in overvaluation, misclassification, or the drawback claim. The evidence only linked him to helping obtain a fake driving licence and facilitate a bank account for the alleged mastermind, which was insufficient for penalty under Section 114(iii) and outside the scope of Section 114AA, as he was not shown to have filed, made, signed, or used any false customs document. The Tribunal also held that Section 117 could not be invoked without a show cause notice proposing that penalty.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4916 
