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...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Filing of Form 1 under IDS 2016, coupled with non-payment of tax/surcharge/penalty, was held to constitute fresh tangible material for A.Y. 2017-18 under s.197(b) of the Finance Act, 2016, so reopening could not be assailed for lack of material. However, reassessment was quashed because the notice u/s 148 was issued by the jurisdictional AO instead of the faceless AO, rendering the notice void. Separately, for a notice issued beyond three years, sanction ought to have been obtained from the specified authority u/s 151(ii); approval from PCIT was held incompetent, vitiating jurisdiction. On merits, in absence of proved service of Form 2, s.197(b) could not be invoked and the s.69A addition was deleted; consequential s.271AAC penalty failed. - ITAT
Filing of Form 1 under IDS 2016, coupled with non-payment of tax/surcharge/penalty, was held to constitute fresh tangible material for A.Y. 2017-18 under s.197(b) of the Finance Act, 2016, so reopening could not be assailed for lack of material. However, reassessment was quashed because the notice u/s 148 was issued by the jurisdictional AO instead of the faceless AO, rendering the notice void. Separately, for a notice issued beyond three years, sanction ought to have been obtained from the specified authority u/s 151(ii); approval from PCIT was held incompetent, vitiating jurisdiction. On merits, in absence of proved service of Form 2, s.197(b) could not be invoked and the s.69A addition was deleted; consequential s.271AAC penalty failed. - ITAT
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