Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
CESTAT set aside the impugned adjudicatory order and allowed the appeal, finding the demand unsustainable. The Tribunal held the adjudicating and appellate authorities issued a non-speaking order, failed to appreciate reconciliation documents and evidence, and erred in taxability analysis - including wrongly treating Public Village Telephone receipts as taxable, misapplying Rule 6(1) of STR 1994, and disregarding rounding and arrears valuation issues. Because the demand was inflated and the appellant had demonstrated nil liability on the merits, the CESTAT quashed the demand and remitted no further relief, concluding the departmental action lacked adequate reasoning and violated principles of natural justice.
CESTAT set aside the impugned adjudicatory order and allowed the appeal, finding the demand unsustainable. The Tribunal held the adjudicating and appellate authorities issued a non-speaking order, failed to appreciate reconciliation documents and evidence, and erred in taxability analysis - including wrongly treating Public Village Telephone receipts as taxable, misapplying Rule 6(1) of STR 1994, and disregarding rounding and arrears valuation issues. Because the demand was inflated and the appellant had demonstrated nil liability on the merits, the CESTAT quashed the demand and remitted no further relief, concluding the departmental action lacked adequate reasoning and violated principles of natural justice.
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