Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
Issue: Whether a Revisional order under section 263 can direct initiation of penalty under section 271E absent the Assessing Officer's satisfaction in the assessment order. Reasoning: Relying on the Supreme Court principle that initiation/levy of penalty under s.271E requires satisfaction recorded in the assessment, the Revisional Authority erred in treating penalty initiation as independent of AO's satisfaction and in distinguishing earlier High Court precedent. Outcome: The section 263 order directing initiation of penalty under s.271E was unsustainable and is set aside; appeal allowed. - ITAT
Issue: Whether a Revisional order under section 263 can direct initiation of penalty under section 271E absent the Assessing Officer's satisfaction in the assessment order. Reasoning: Relying on the Supreme Court principle that initiation/levy of penalty under s.271E requires satisfaction recorded in the assessment, the Revisional Authority erred in treating penalty initiation as independent of AO's satisfaction and in distinguishing earlier High Court precedent. Outcome: The section 263 order directing initiation of penalty under s.271E was unsustainable and is set aside; appeal allowed. - ITAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
