Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Whether penalty under section 272A(1)(d) could be sustained where statutory notices under section 142(1) were served to an email ID other than the assessee's registered email. Held that statutory service must follow the mode designated by the statute; application of the maxim expression unius est exclusion alterium supports that notices dispatched to the husband's email (unavailable due to his illness) did not constitute valid service on the assessee whose own email was on record. Consequence: deficiency in service vitiates the penalty; penalty set aside and appeal allowed. - ITAT
Whether penalty under section 272A(1)(d) could be sustained where statutory notices under section 142(1) were served to an email ID other than the assessee's registered email. Held that statutory service must follow the mode designated by the statute; application of the maxim expression unius est exclusion alterium supports that notices dispatched to the husband's email (unavailable due to his illness) did not constitute valid service on the assessee whose own email was on record. Consequence: deficiency in service vitiates the penalty; penalty set aside and appeal allowed. - ITAT
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