Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
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...
The Appellate Tribunal found that the penalty was initiated u/s. 271DA instead of u/s. 271D, which led to confusion and violated the assessee's right to a fair hearing. The initiation of penalty under the wrong section was deemed arbitrary and against Article 14 of the Indian Constitution. The defective notice denied the assessee the opportunity to defend effectively. The Tribunal held that strict compliance with Sec. 274 of the Act is necessary for imposing penalties. Regarding the cash transactions exceeding Rs. 20,000, the Tribunal noted that the penalty was not justified as the assessee's explanations were not adequately addressed. The Tribunal also considered that the penalty notice was invalid, rendering the levied penalty unsustainable in law. The appeal by the assessee was allowed, and the penalty levied was ordered to be deleted.
The Appellate Tribunal found that the penalty was initiated u/s. 271DA instead of u/s. 271D, which led to confusion and violated the assessee's right to a fair hearing. The initiation of penalty under the wrong section was deemed arbitrary and against Article 14 of the Indian Constitution. The defective notice denied the assessee the opportunity to defend effectively. The Tribunal held that strict compliance with Sec. 274 of the Act is necessary for imposing penalties. Regarding the cash transactions exceeding Rs. 20,000, the Tribunal noted that the penalty was not justified as the assessee's explanations were not adequately addressed. The Tribunal also considered that the penalty notice was invalid, rendering the levied penalty unsustainable in law. The appeal by the assessee was allowed, and the penalty levied was ordered to be deleted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4800
Join Channel
TaxTMI 
