Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Penalty under s.270A for under-reporting was examined where a claimed business loss was accepted in quantum but recharacterized as speculative loss. Since the loss itself was not disallowed and the assessee had disclosed all material facts, the reclassification was treated as a mere change in the nature/sub-head of loss, not evidence of concealment or furnishing inaccurate particulars; therefore, under-reporting could not be inferred. The non-filing of further appeal against the quantum adjustment was held irrelevant because penalty proceedings are independent and require proof of a culpable act; absence of resulting tax demand also explained non-challenge. Penalty was deleted and the appeal was allowed. - ITAT
Penalty under s.270A for under-reporting was examined where a claimed business loss was accepted in quantum but recharacterized as speculative loss. Since the loss itself was not disallowed and the assessee had disclosed all material facts, the reclassification was treated as a mere change in the nature/sub-head of loss, not evidence of concealment or furnishing inaccurate particulars; therefore, under-reporting could not be inferred. The non-filing of further appeal against the quantum adjustment was held irrelevant because penalty proceedings are independent and require proof of a culpable act; absence of resulting tax demand also explained non-challenge. Penalty was deleted and the appeal was allowed. - ITAT
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