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Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
AO imposed penalty under s.270A for unsubstantiated business expenses including advertising, development, land, and excavation charges, which were disallowed from capital work-in-progress. While CIT(A) reduced penalty from 200% to 50%, ITAT found the penalty proceedings fundamentally flawed. AO failed to specify which clause under s.270A formed basis for penalty initiation, either in assessment order or penalty notice. Following precedent, ITAT held penalty invalid due to procedural non-compliance. Penalty order vacated in favor of taxpayer due to AO's failure to meet statutory requirements for penalty imposition under s.270A. Essential requirement of identifying specific misreporting clause was not fulfilled.
AO imposed penalty under s.270A for unsubstantiated business expenses including advertising, development, land, and excavation charges, which were disallowed from capital work-in-progress. While CIT(A) reduced penalty from 200% to 50%, ITAT found the penalty proceedings fundamentally flawed. AO failed to specify which clause under s.270A formed basis for penalty initiation, either in assessment order or penalty notice. Following precedent, ITAT held penalty invalid due to procedural non-compliance. Penalty order vacated in favor of taxpayer due to AO's failure to meet statutory requirements for penalty imposition under s.270A. Essential requirement of identifying specific misreporting clause was not fulfilled.
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