Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Sanction for prosecution for delayed remittance of TDS was challenged on the ground that the authority failed to consider the assessees' detailed replies and supporting documents showing subsequent payment of TDS with penal interest and explaining the delay. The Court held that the impugned sanction order reflected non-application of mind because the explanation and materials were not evaluated in their proper perspective, and a further opportunity to file additional documents was warranted to ensure a justice-oriented decision. The sanction order was set aside and the matter remanded for fresh reconsideration in accordance with law. - HC
Sanction for prosecution for delayed remittance of TDS was challenged on the ground that the authority failed to consider the assessees' detailed replies and supporting documents showing subsequent payment of TDS with penal interest and explaining the delay. The Court held that the impugned sanction order reflected non-application of mind because the explanation and materials were not evaluated in their proper perspective, and a further opportunity to file additional documents was warranted to ensure a justice-oriented decision. The sanction order was set aside and the matter remanded for fresh reconsideration in accordance with law. - HC
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