Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
The article addresses eligibility for immunity under the statutory immunity provision and its effect on penalty proceedings under the penalty provision. It explains that where an assessee timely files the prescribed immunity application, pays tax and interest, and does not challenge the assessment, the assessing officer must record reasons and pass a speaking order if denying immunity; absence of any reasoned rejection of the application renders a subsequent penalty for misreporting unsustainable. Consequently, a penalty levied without a valid rejection of the immunity application is quashed.
The article addresses eligibility for immunity under the statutory immunity provision and its effect on penalty proceedings under the penalty provision. It explains that where an assessee timely files the prescribed immunity application, pays tax and interest, and does not challenge the assessment, the assessing officer must record reasons and pass a speaking order if denying immunity; absence of any reasoned rejection of the application renders a subsequent penalty for misreporting unsustainable. Consequently, a penalty levied without a valid rejection of the immunity application is quashed.
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