Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Penalty under s.270A was levied for alleged misreporting, on the footing that purchase returns were not properly accounted and excess purchases were added to income. The tribunal held that the discrepancy was explained as arising from purchase returns and there was no misrepresentation or suppression of facts within s.270A(9)(a); mere non-acceptance of the explanation and consequent addition did not convert the case into misreporting. The assessee's decision not to further contest the addition and to pay tax while seeking immunity under s.270AA also did not establish misreporting. Accordingly, the penalty could not be sustained and was deleted; the appeal was allowed. - ITAT
Penalty under s.270A was levied for alleged misreporting, on the footing that purchase returns were not properly accounted and excess purchases were added to income. The tribunal held that the discrepancy was explained as arising from purchase returns and there was no misrepresentation or suppression of facts within s.270A(9)(a); mere non-acceptance of the explanation and consequent addition did not convert the case into misreporting. The assessee's decision not to further contest the addition and to pay tax while seeking immunity under s.270AA also did not establish misreporting. Accordingly, the penalty could not be sustained and was deleted; the appeal was allowed. - ITAT
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