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Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Defective notice issued u/s 274 read with Section 271(1)(c) for levying penalty. The key points are: The phrases "conceal" and "furnishing of inaccurate particulars" in Section 271(1)(c) carry distinct meanings. Where penalty proceedings are initiated u/s 271(1)(c), the specific ground must be clearly spelled out to provide the assessee a proper opportunity for defense. Penalty proceedings being penal in nature, the charge must be unambiguous. The revenue cannot club both grounds of concealment and furnishing inaccurate particulars. Following judicial precedents, the Tribunal rightly held that the penalty levy u/s 271(1)(c) in the assessee's case was invalid due to the defective notice.
Defective notice issued u/s 274 read with Section 271(1)(c) for levying penalty. The key points are: The phrases "conceal" and "furnishing of inaccurate particulars" in Section 271(1)(c) carry distinct meanings. Where penalty proceedings are initiated u/s 271(1)(c), the specific ground must be clearly spelled out to provide the assessee a proper opportunity for defense. Penalty proceedings being penal in nature, the charge must be unambiguous. The revenue cannot club both grounds of concealment and furnishing inaccurate particulars. Following judicial precedents, the Tribunal rightly held that the penalty levy u/s 271(1)(c) in the assessee's case was invalid due to the defective notice.
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