Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Levy of penalty for concealment was invalidated because the original assessment addition that triggered penalty proceedings was deleted on appeal and the sustained tax effect arose only from appellate recharacterisation. The Assessing Officer did not record any fresh jurisdictional satisfaction regarding concealment or inaccurate particulars after the appellate outcome, and the penalty order relied mechanically on a consequential givingeffect order. Where primary facts were fully disclosed and dispute concerns the legal characterisation or head of income, penalty cannot attach; appeal was allowed.
Levy of penalty for concealment was invalidated because the original assessment addition that triggered penalty proceedings was deleted on appeal and the sustained tax effect arose only from appellate recharacterisation. The Assessing Officer did not record any fresh jurisdictional satisfaction regarding concealment or inaccurate particulars after the appellate outcome, and the penalty order relied mechanically on a consequential givingeffect order. Where primary facts were fully disclosed and dispute concerns the legal characterisation or head of income, penalty cannot attach; appeal was allowed.
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