Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
ITAT held that penalty u/s 272A(1)(d) was leviable only for non-compliance with the main notice u/s 142(1), as the subsequent two communications were mere reminder notices and not independent statutory notices. Since the assessment was framed u/s 144 r.w.s. 144B for AY 2022-23, indicating non-compliance with the primary notice, penalty of Rs. 10,000/- for that default was sustained. However, penalty of Rs. 20,000/- imposed for non-compliance with the two reminder notices was deleted. The assessee's appeal was thus partly allowed, restricting the penalty to Rs. 10,000/-.
ITAT held that penalty u/s 272A(1)(d) was leviable only for non-compliance with the main notice u/s 142(1), as the subsequent two communications were mere reminder notices and not independent statutory notices. Since the assessment was framed u/s 144 r.w.s. 144B for AY 2022-23, indicating non-compliance with the primary notice, penalty of Rs. 10,000/- for that default was sustained. However, penalty of Rs. 20,000/- imposed for non-compliance with the two reminder notices was deleted. The assessee's appeal was thus partly allowed, restricting the penalty to Rs. 10,000/-.
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