Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reopening of assessment concerned unexplained payment and alleged difference between stamp duty value and consideration under valuation provisions; appellate note records that the assessee, a non-resident, failed to substantiate a Rs.7,00,000 payment and was not questioned on the valuation difference. The appellate authority found the first appellate order disposed for nonprosecution without merits and the assessing officer did not verify payment dates or bank records. The tribunal directed restoration to the assessing officer for a fresh opportunity to the assessee to substantiate source of funds and to explain the stamp duty versus registration value (difference found less than 10%). Appeal allowed for statistical purposes.
Reopening of assessment concerned unexplained payment and alleged difference between stamp duty value and consideration under valuation provisions; appellate note records that the assessee, a non-resident, failed to substantiate a Rs.7,00,000 payment and was not questioned on the valuation difference. The appellate authority found the first appellate order disposed for nonprosecution without merits and the assessing officer did not verify payment dates or bank records. The tribunal directed restoration to the assessing officer for a fresh opportunity to the assessee to substantiate source of funds and to explain the stamp duty versus registration value (difference found less than 10%). Appeal allowed for statistical purposes.
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