Arbitration of SEZ sub-lease monetary claims preserves rent, maintenance, termination, improvements and damages disputes while unused premises are vac...
Scientific research approval grants a research association tax recognition, subject to annual donor reporting, certification, and regulatory complianc...
Judicial discipline requires consistent reassessment treatment where identical facts were decided for the same taxpayer in the preceding assessment ye...
Levy of Penalty u/s 112 - Scope of the show cause notice - The CESTAT noted that, no show cause notice has been issued proposing the demand of differential duty or the penalty. On adjudication, the penalty was imposed only under section 114A of the Act and there was no reference at all to the provisions of section 112 of the Act - The Tribunal found that the appellate authority had no jurisdiction to impose a penalty u/s 112 when the original penalty was imposed u/s 114A. The Commissioner (Appeals) had set aside the penalty u/s 114A and imposed a penalty u/s 112, which was beyond their jurisdiction.
Levy of Penalty u/s 112 - Scope of the show cause notice - The CESTAT noted that, no show cause notice has been issued proposing the demand of differential duty or the penalty. On adjudication, the penalty was imposed only under section 114A of the Act and there was no reference at all to the provisions of section 112 of the Act - The Tribunal found that the appellate authority had no jurisdiction to impose a penalty u/s 112 when the original penalty was imposed u/s 114A. The Commissioner (Appeals) had set aside the penalty u/s 114A and imposed a penalty u/s 112, which was beyond their jurisdiction.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4897 
