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Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Penalty under section 272A(1)(d) for non-compliance with a statutory notice was deleted by the ITAT. The Tribunal noted that the quantum assessment had already been restored to the Assessing Officer for de novo consideration and, although that restoration did not directly determine the non-appearance issue, it considered the assessee's consistent follow-up with the tax authorities in other matters. On that overall conduct and in the interests of justice, the Tribunal directed deletion of the penalty and allowed the appeal.
Penalty under section 272A(1)(d) for non-compliance with a statutory notice was deleted by the ITAT. The Tribunal noted that the quantum assessment had already been restored to the Assessing Officer for de novo consideration and, although that restoration did not directly determine the non-appearance issue, it considered the assessee's consistent follow-up with the tax authorities in other matters. On that overall conduct and in the interests of justice, the Tribunal directed deletion of the penalty and allowed the appeal.
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