Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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