Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Restoration of penalty imposed u/s 76, 77 and 78 of FA - On being pointed out, the assessee has immediately paid the service tax along with interest. Given this factual matrix, we are inclined to conclude that these were mere careless mistakes by the assessee without any intention to evade service tax. They fall within the scope of reasonable cause for failure the cause being ignorance or lack of due care. Therefore, the case falls within the mischief of Section 80 of the Finance Act, 1994. - No penalty - AT
Restoration of penalty imposed u/s 76, 77 and 78 of FA - On being pointed out, the assessee has immediately paid the service tax along with interest. Given this factual matrix, we are inclined to conclude that these were mere careless mistakes by the assessee without any intention to evade service tax. They fall within the scope of reasonable cause for failure the cause being ignorance or lack of due care. Therefore, the case falls within the mischief of Section 80 of the Finance Act, 1994. - No penalty - AT
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