Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Penalty under section 270A was challenged where the assessee produced challan evidence of TDS deduction but Form 26AS did not show credit because the deductor had not filed the requisite return. The Tribunal accepted the challan and subsequent filing by the deductor which caused the TDS to appear in Form 26AS; the assessing officer had not undertaken independent verification and the department did not contest the factual developments. Because the tax credit was established and no demand survived, the penalty under section 270A was deleted and the appeal allowed.
Penalty under section 270A was challenged where the assessee produced challan evidence of TDS deduction but Form 26AS did not show credit because the deductor had not filed the requisite return. The Tribunal accepted the challan and subsequent filing by the deductor which caused the TDS to appear in Form 26AS; the assessing officer had not undertaken independent verification and the department did not contest the factual developments. Because the tax credit was established and no demand survived, the penalty under section 270A was deleted and the appeal allowed.
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