Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
The ITAT Surat held that the penalty u/s 271(1)(c) was not sustainable due to a defective notice and estimation of income on bogus purchases. The notice u/s 274 was issued mechanically without specifying whether the penalty was for 'Concealment of income' or 'furnishing inaccurate particulars of income'. The additions were based on estimation without a definite finding on the quantum of concealment, rendering the penalty unsustainable. Legal precedent from the jurisdictional High Court supported this decision, citing cases such as CIT vs. Subhas Trading Co., Navjivan Oil Mills, and Valimkbhai H. Patel. Therefore, the penalty u/s 271(1)(c) was deemed not sustainable in this case.
The ITAT Surat held that the penalty u/s 271(1)(c) was not sustainable due to a defective notice and estimation of income on bogus purchases. The notice u/s 274 was issued mechanically without specifying whether the penalty was for 'Concealment of income' or 'furnishing inaccurate particulars of income'. The additions were based on estimation without a definite finding on the quantum of concealment, rendering the penalty unsustainable. Legal precedent from the jurisdictional High Court supported this decision, citing cases such as CIT vs. Subhas Trading Co., Navjivan Oil Mills, and Valimkbhai H. Patel. Therefore, the penalty u/s 271(1)(c) was deemed not sustainable in this case.
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