Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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Penalty for under-reporting or misreporting of income under section 270A requires clear identification and communication of the applicable circumstance of under-reporting and, where relevant, the act constituting misreporting. Failure to specify these statutory grounds in the assessment order, notice or penalty order denies the taxpayer an effective opportunity to respond and breaches natural justice. Where the charge finally used to impose penalty differs from the charge initially invoked, the penalty proceedings are invalid. The section 270A penalty was therefore quashed as bad in law.
Penalty for under-reporting or misreporting of income under section 270A requires clear identification and communication of the applicable circumstance of under-reporting and, where relevant, the act constituting misreporting. Failure to specify these statutory grounds in the assessment order, notice or penalty order denies the taxpayer an effective opportunity to respond and breaches natural justice. Where the charge finally used to impose penalty differs from the charge initially invoked, the penalty proceedings are invalid. The section 270A penalty was therefore quashed as bad in law.
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