Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Section 270A requires the Assessing Officer to specify whether penalty is for under-reporting or misreporting, because each limb carries distinct consequences and different rates. Here, the notice alleged under-reporting, but the penalty was imposed at the higher misreporting rate without identifying the applicable clause under sub-section (9) or recording a clear finding of misreporting. As the relevant particulars had already been disclosed in the return, the Tribunal found no misreporting or under-reporting on the facts. The omission to specify the precise charge was fatal, and the penalty proceedings were vitiated and deleted.
Section 270A requires the Assessing Officer to specify whether penalty is for under-reporting or misreporting, because each limb carries distinct consequences and different rates. Here, the notice alleged under-reporting, but the penalty was imposed at the higher misreporting rate without identifying the applicable clause under sub-section (9) or recording a clear finding of misreporting. As the relevant particulars had already been disclosed in the return, the Tribunal found no misreporting or under-reporting on the facts. The omission to specify the precise charge was fatal, and the penalty proceedings were vitiated and deleted.
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