Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Specific and unambiguous charges are required in penalty proceedings under section 271(1)(c). The note explains that a penalty notice must clearly identify whether the allegation concerns concealment of income or furnishing inaccurate particulars; an Assessing Officer cannot initiate proceedings on one limb and impose penalty on the other. Where the notice lacks a definite charge or the penalty order changes the stated basis, the notice and consequential penalty are unsustainable. On the facts described, the penalty order was quashed and the merits of the penalty were not examined.
Specific and unambiguous charges are required in penalty proceedings under section 271(1)(c). The note explains that a penalty notice must clearly identify whether the allegation concerns concealment of income or furnishing inaccurate particulars; an Assessing Officer cannot initiate proceedings on one limb and impose penalty on the other. Where the notice lacks a definite charge or the penalty order changes the stated basis, the notice and consequential penalty are unsustainable. On the facts described, the penalty order was quashed and the merits of the penalty were not examined.
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