Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Issue: Whether penalty proceedings under sections 271D and 271E were barred by limitation. The tribunal held that, applying sections 271D, 271E and 275(1) and following the Supreme Court precedent in Hissaria Brothers, the Assessing Officer's penalty orders were time-barred because they were not issued within the statutory limitation period; the appellate orders setting aside those penalties for being beyond limitation were lawful. Consequence: all four impugned penalty orders were quashed. - ITAT
Issue: Whether penalty proceedings under sections 271D and 271E were barred by limitation. The tribunal held that, applying sections 271D, 271E and 275(1) and following the Supreme Court precedent in Hissaria Brothers, the Assessing Officer's penalty orders were time-barred because they were not issued within the statutory limitation period; the appellate orders setting aside those penalties for being beyond limitation were lawful. Consequence: all four impugned penalty orders were quashed. - ITAT
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