Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
ITAT upheld initiation of penalty for under-reported income in consequence of misreporting because the assessment order and show-cause notice clearly conveyed the charge, and requiring a more exact sub-clause specification would go beyond section 270A. It also rejected immunity under section 270AA, holding that such relief is unavailable where penalty proceedings are initiated for misreporting, so the application became infructuous once section 270A(9) was invoked. However, the penalty was deleted on merits in relation to labour cess disallowance, since all material facts were disclosed, the omission was a bona fide computational error, and the addition was tax neutral, bringing the case within the exclusion for bona fide explanations.
ITAT upheld initiation of penalty for under-reported income in consequence of misreporting because the assessment order and show-cause notice clearly conveyed the charge, and requiring a more exact sub-clause specification would go beyond section 270A. It also rejected immunity under section 270AA, holding that such relief is unavailable where penalty proceedings are initiated for misreporting, so the application became infructuous once section 270A(9) was invoked. However, the penalty was deleted on merits in relation to labour cess disallowance, since all material facts were disclosed, the omission was a bona fide computational error, and the addition was tax neutral, bringing the case within the exclusion for bona fide explanations.
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