Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
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...
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Failure to discharge obligations under Regulation 17(9) raised two legal issues: whether the penalty imposed was excessive and whether security deposit could be forfeited. The Tribunal held that Regulations 8(1) and 20 fix the statutory penalty ceiling at Rs.50,000, so imposing the maximum permitted cannot be treated as disproportionate; and the CBLR does not authorize forfeiture of the security deposit. Applying those statutory prescriptions, the impugned order imposing the maximum permissible penalty and not forfeiting the deposit was found valid, and the revenue's appeal was dismissed. - CESTAT
Failure to discharge obligations under Regulation 17(9) raised two legal issues: whether the penalty imposed was excessive and whether security deposit could be forfeited. The Tribunal held that Regulations 8(1) and 20 fix the statutory penalty ceiling at Rs.50,000, so imposing the maximum permitted cannot be treated as disproportionate; and the CBLR does not authorize forfeiture of the security deposit. Applying those statutory prescriptions, the impugned order imposing the maximum permissible penalty and not forfeiting the deposit was found valid, and the revenue's appeal was dismissed. - CESTAT
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