Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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...
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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