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...
Penalty under section 43 of the Black Money Act for non-disclosure of foreign assets is discretionary rather than automatic: the word 'shall' must not be construed to convert a penal/charging provision into a mandatory imposition where facts permit exercise of discretion. The tribunal held that an assessing officer must evaluate facts and circumstances before levying penalty for omission from Schedule FA, and remitted the matter to the AO to exercise that discretion afresh rather than treating the penalty as obligatory.
Penalty under section 43 of the Black Money Act for non-disclosure of foreign assets is discretionary rather than automatic: the word 'shall' must not be construed to convert a penal/charging provision into a mandatory imposition where facts permit exercise of discretion. The tribunal held that an assessing officer must evaluate facts and circumstances before levying penalty for omission from Schedule FA, and remitted the matter to the AO to exercise that discretion afresh rather than treating the penalty as obligatory.
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