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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The text examines imposition of penalty under s.271(1)(c) for bogus purchases and states the controlling legal point that an Assessing Officer must form a clear subjective satisfaction that the assessee consciously concealed particulars of income or deliberately furnished inaccurate particulars before levying penalty; mere ad hoc estimation of profit in bogus purchases does not suffice. The appellate authority reduced the added profit percentages, and the article concludes that where the AO restricted profit element by estimation without a finding of deliberate concealment or inaccurate particulars, penalty could not be sustained, resulting in a decision favorable to the assessee.
The text examines imposition of penalty under s.271(1)(c) for bogus purchases and states the controlling legal point that an Assessing Officer must form a clear subjective satisfaction that the assessee consciously concealed particulars of income or deliberately furnished inaccurate particulars before levying penalty; mere ad hoc estimation of profit in bogus purchases does not suffice. The appellate authority reduced the added profit percentages, and the article concludes that where the AO restricted profit element by estimation without a finding of deliberate concealment or inaccurate particulars, penalty could not be sustained, resulting in a decision favorable to the assessee.
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