Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Penalty under section 271(1)(c) was examined on whether initiation was vitiated due to non-specification of the exact charge, i.e., "concealment of income" or "furnishing inaccurate particulars." The penalty notice was found to be omnibus, retaining both limbs without striking off the inapplicable one or otherwise indicating the precise ground, thereby denying clear notice of the allegation. Relying on binding precedent that such ambiguity invalidates penalty initiation, the tribunal's deletion of penalty was upheld, and the revenue's appeal was dismissed for absence of any substantial question of law. - HC
Penalty under section 271(1)(c) was examined on whether initiation was vitiated due to non-specification of the exact charge, i.e., "concealment of income" or "furnishing inaccurate particulars." The penalty notice was found to be omnibus, retaining both limbs without striking off the inapplicable one or otherwise indicating the precise ground, thereby denying clear notice of the allegation. Relying on binding precedent that such ambiguity invalidates penalty initiation, the tribunal's deletion of penalty was upheld, and the revenue's appeal was dismissed for absence of any substantial question of law. - HC
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