Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
HC held that show cause notices issued under Section 74 were invalid because they did not disclose the jurisdictional facts required to invoke fraud, wilful misstatement, suppression of facts, or the basis for alleging tax evasion. The notices were therefore quashed, with liberty to issue fresh proceedings if legally permissible. The Court also found that the adjudication orders were passed without granting a hearing and without recording the relevant facts or reasons, contrary to Section 75. Those orders and the consequential DRC-07 summaries were set aside, and the writ petitions were allowed.
HC held that show cause notices issued under Section 74 were invalid because they did not disclose the jurisdictional facts required to invoke fraud, wilful misstatement, suppression of facts, or the basis for alleging tax evasion. The notices were therefore quashed, with liberty to issue fresh proceedings if legally permissible. The Court also found that the adjudication orders were passed without granting a hearing and without recording the relevant facts or reasons, contrary to Section 75. Those orders and the consequential DRC-07 summaries were set aside, and the writ petitions were allowed.
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