Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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