Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
A bona fide excessive claim of donation exemption, made with full disclosure of facts, does not by itself establish under-reporting, misreporting, or inaccurate particulars for penalty purposes. The text distinguishes an unsustainable legal claim from furnishing inaccurate particulars and notes that penalty proceedings are separate from assessment proceedings. It also highlights that a penalty initiated for misreporting but levied for under-reporting lacked supporting material showing mala fides. Applying the principles that inadvertent human errors and incorrect legal claims do not attract penalty where facts are fully disclosed, the section 270A penalty was described as unsustainable and deleted.
A bona fide excessive claim of donation exemption, made with full disclosure of facts, does not by itself establish under-reporting, misreporting, or inaccurate particulars for penalty purposes. The text distinguishes an unsustainable legal claim from furnishing inaccurate particulars and notes that penalty proceedings are separate from assessment proceedings. It also highlights that a penalty initiated for misreporting but levied for under-reporting lacked supporting material showing mala fides. Applying the principles that inadvertent human errors and incorrect legal claims do not attract penalty where facts are fully disclosed, the section 270A penalty was described as unsustainable and deleted.
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