Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Objective characteristics and principal use govern mining-tyre classification, while fresh advance ruling applications may rely on additional technica...
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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.
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