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...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The assessment order passed u/s 153C was erroneous and prejudicial to the Revenue's interest. The Assessing Officer initiated penalty proceedings u/s 271AAC instead of Section 271(1)(c). The order lacked recording of satisfaction that the assessee concealed income or furnished inaccurate particulars. Without such satisfaction recorded, the Principal Commissioner's revision u/s 263 is untenable, as per the Madras High Court's decision in Chennai Metro Rail Ltd. The authorities can levy penalty u/s 271(1) during assessment proceedings, but the revisionary power u/s 263 cannot be exercised to direct penalty initiation, creating uncertainty. The Tribunal relied on the Madras High Court's decisions in Chennai Metro Rail Ltd. and C.R.K. Swamy, setting aside the impugned revision order due to the absence of a finding on concealment or inaccurate particulars. The assessee's appeal was allowed.
The assessment order passed u/s 153C was erroneous and prejudicial to the Revenue's interest. The Assessing Officer initiated penalty proceedings u/s 271AAC instead of Section 271(1)(c). The order lacked recording of satisfaction that the assessee concealed income or furnished inaccurate particulars. Without such satisfaction recorded, the Principal Commissioner's revision u/s 263 is untenable, as per the Madras High Court's decision in Chennai Metro Rail Ltd. The authorities can levy penalty u/s 271(1) during assessment proceedings, but the revisionary power u/s 263 cannot be exercised to direct penalty initiation, creating uncertainty. The Tribunal relied on the Madras High Court's decisions in Chennai Metro Rail Ltd. and C.R.K. Swamy, setting aside the impugned revision order due to the absence of a finding on concealment or inaccurate particulars. The assessee's appeal was allowed.
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