Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
The ITAT held that filing an adjournment application in response to a notice issued under section 142(1) does not constitute non-compliance under section 272A(1)(d). The assessee had replied to the notice seeking additional time, and there was no evidence that this request was rejected by a speaking order from the AO. The CIT(A) upheld the penalty without addressing the fact that the adjournment request was unconsidered. Consequently, the Tribunal concluded that the assessee made a valid compliance by responding to the notice, negating any willful avoidance. The penalty imposed under section 272A(1)(d) was therefore quashed, and the appeal was allowed.
The ITAT held that filing an adjournment application in response to a notice issued under section 142(1) does not constitute non-compliance under section 272A(1)(d). The assessee had replied to the notice seeking additional time, and there was no evidence that this request was rejected by a speaking order from the AO. The CIT(A) upheld the penalty without addressing the fact that the adjournment request was unconsidered. Consequently, the Tribunal concluded that the assessee made a valid compliance by responding to the notice, negating any willful avoidance. The penalty imposed under section 272A(1)(d) was therefore quashed, and the appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
