Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
ITAT held that penalty u/s 272A(1)(c) for non-compliance of summons is not sustainable. The tribunal found no substantive evidence of willful default by the assessee. First notice via email was disputed and not conclusively proven as served. Second notice involved a legitimate adjournment request. Third notice was also contested as unserved, with revenue not contradicting the claim. Fourth notice was fully complied with. Applying Section 273B, the tribunal determined reasonable cause existed for the alleged non-compliance. Consequently, the tribunal allowed the assessee's grounds and set aside the penalty proceedings, emphasizing procedural fairness and lack of deliberate contumacy.
ITAT held that penalty u/s 272A(1)(c) for non-compliance of summons is not sustainable. The tribunal found no substantive evidence of willful default by the assessee. First notice via email was disputed and not conclusively proven as served. Second notice involved a legitimate adjournment request. Third notice was also contested as unserved, with revenue not contradicting the claim. Fourth notice was fully complied with. Applying Section 273B, the tribunal determined reasonable cause existed for the alleged non-compliance. Consequently, the tribunal allowed the assessee's grounds and set aside the penalty proceedings, emphasizing procedural fairness and lack of deliberate contumacy.
Note: It is a system-generated summary and is for quick reference only.