Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Section 270A requires a prior determination of under reporting or misreporting of income before levy of penalty because the penalty is an additional tax dependent on basic tax liability; confirming penalty while a quantum appeal against a disallowance remained undecided was held impermissible as it adjudicated additional tax prematurely and infringed natural justice. The impugned penalty confirmation was quashed and the matter remitted for disposal of the quantum appeal first, after which penalty may be considered in accordance with law.
Section 270A requires a prior determination of under reporting or misreporting of income before levy of penalty because the penalty is an additional tax dependent on basic tax liability; confirming penalty while a quantum appeal against a disallowance remained undecided was held impermissible as it adjudicated additional tax prematurely and infringed natural justice. The impugned penalty confirmation was quashed and the matter remitted for disposal of the quantum appeal first, after which penalty may be considered in accordance with law.
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