Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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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