Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Section 270A distinguishes under-reporting from misreporting, with different statutory consequences. For a misreporting penalty, the Assessing Officer must specify the precise applicable clause in both the notice and penalty order; a generic reference leaves the taxpayer unaware of the charge and invalidates the proceedings. Where divergent Tribunal views support the taxpayer's adopted legal position on interest from enhanced compensation, that position cannot by itself amount to misreporting. The penalty for alleged misreporting was therefore deleted and the appeal allowed.
Section 270A distinguishes under-reporting from misreporting, with different statutory consequences. For a misreporting penalty, the Assessing Officer must specify the precise applicable clause in both the notice and penalty order; a generic reference leaves the taxpayer unaware of the charge and invalidates the proceedings. Where divergent Tribunal views support the taxpayer's adopted legal position on interest from enhanced compensation, that position cannot by itself amount to misreporting. The penalty for alleged misreporting was therefore deleted and the appeal allowed.
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