Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The ITAT, an Appellate Tribunal, considered the levy of penalty u/s 271(1)(c) for disallowance of prior period expenditure and ad hoc disallowance due to non-filing of relevant documents. The assessee inadvertently claimed a higher share of indexed costs of construction and improvement. Citing the case law RELIANCE PETROPRODUCTS PVT. LTD., it was established that a mere claim, even if rejected by the Assessing Officer, does not warrant penalty. The additional indexed costs of improvement claimed by the assessee were found to be inadvertent and did not result in any benefit. Therefore, the penalty was not justified as there was no evidence of the assessee benefiting from the inaccurate particulars of income. The appeal by the assessee was allowed.
The ITAT, an Appellate Tribunal, considered the levy of penalty u/s 271(1)(c) for disallowance of prior period expenditure and ad hoc disallowance due to non-filing of relevant documents. The assessee inadvertently claimed a higher share of indexed costs of construction and improvement. Citing the case law RELIANCE PETROPRODUCTS PVT. LTD., it was established that a mere claim, even if rejected by the Assessing Officer, does not warrant penalty. The additional indexed costs of improvement claimed by the assessee were found to be inadvertent and did not result in any benefit. Therefore, the penalty was not justified as there was no evidence of the assessee benefiting from the inaccurate particulars of income. The appeal by the assessee was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
