Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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