Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Penalty under section 270A is examined in light of whether liability arises from under-reporting or misreporting. The tribunal emphasises that under-reporting requires a settled legal obligation to report income; where survey occurs before year end and the return is filed within prescribed time with accepted returned income, under-reporting is absent and penalty cannot be sustained. Misreporting conditions must be specifically fulfilled before invoking that limb; absence of specification and failure to meet misreporting criteria render the penalty unsustainable, with a binding Gujarat HC ratio relied upon.
Penalty under section 270A is examined in light of whether liability arises from under-reporting or misreporting. The tribunal emphasises that under-reporting requires a settled legal obligation to report income; where survey occurs before year end and the return is filed within prescribed time with accepted returned income, under-reporting is absent and penalty cannot be sustained. Misreporting conditions must be specifically fulfilled before invoking that limb; absence of specification and failure to meet misreporting criteria render the penalty unsustainable, with a binding Gujarat HC ratio relied upon.
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