Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
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Scientific research association approval requires continuing SIRO status, annual donation reporting, and donor certificates for the approved foundatio...
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Penalties levied u/ss 271D and 271E were challenged. The assessee was found to have violated Sections 269SS and 269T. However, there was no concrete finding that the assessee accepted loans or repaid them in violation of these sections. The Revenue's only evidence was the statement of the Director of Sudama Resorts, whose cheques were found with the assessee. The assessee sought cross-examination of the Director, which was not granted by the Assessing Officer. This statement lacks evidentiary value as per the Supreme Court's ruling in Andaman Timber Industries. Moreover, the Director of Sudama Resorts had surrendered income related to the cheques found during the search. There was no clear finding based on authentic evidence that the assessee violated Sections 269SS and 269T. Therefore, the penalties u/ss 271D and 271E were not applicable, following the ITAT Pune's decision in Sneh Builders. The assessee's appeals were allowed.
Penalties levied u/ss 271D and 271E were challenged. The assessee was found to have violated Sections 269SS and 269T. However, there was no concrete finding that the assessee accepted loans or repaid them in violation of these sections. The Revenue's only evidence was the statement of the Director of Sudama Resorts, whose cheques were found with the assessee. The assessee sought cross-examination of the Director, which was not granted by the Assessing Officer. This statement lacks evidentiary value as per the Supreme Court's ruling in Andaman Timber Industries. Moreover, the Director of Sudama Resorts had surrendered income related to the cheques found during the search. There was no clear finding based on authentic evidence that the assessee violated Sections 269SS and 269T. Therefore, the penalties u/ss 271D and 271E were not applicable, following the ITAT Pune's decision in Sneh Builders. The assessee's appeals were allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
