Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
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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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