Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Penalty under section 271(1)(c) requires the revenue to specify which limb--concealment of income or furnishing inaccurate particulars--is alleged; mere recital of the provision in the notice is inadequate. The tribunal held that notices failing to aver the specific material ingredients of the penal charge are defective and will vitiate penal proceedings, because penalty liability is distinct from tax assessment and carries serious civil consequences. The authorities must be clear at the time of issuing the notice which offence under the provision is charged; failure to do so invalidates the penalty process, consistent with cited authority.
Penalty under section 271(1)(c) requires the revenue to specify which limb--concealment of income or furnishing inaccurate particulars--is alleged; mere recital of the provision in the notice is inadequate. The tribunal held that notices failing to aver the specific material ingredients of the penal charge are defective and will vitiate penal proceedings, because penalty liability is distinct from tax assessment and carries serious civil consequences. The authorities must be clear at the time of issuing the notice which offence under the provision is charged; failure to do so invalidates the penalty process, consistent with cited authority.
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