Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
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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