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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 271(1)(c) was set aside for fresh adjudication where it was levied solely on the basis of the assessment order, without an independent examination in the penalty proceedings and without proper consideration of the assessee's material; the matter was restored to the Assessing Officer to provide due opportunity and follow natural justice. On penalty under section 271AAA, the Tribunal held that the provision applies only to a "specified previous year" as defined in the Explanation, and A.Y. 2011-12 did not fall within that description, so the penalty was deleted.
Penalty under section 271(1)(c) was set aside for fresh adjudication where it was levied solely on the basis of the assessment order, without an independent examination in the penalty proceedings and without proper consideration of the assessee's material; the matter was restored to the Assessing Officer to provide due opportunity and follow natural justice. On penalty under section 271AAA, the Tribunal held that the provision applies only to a "specified previous year" as defined in the Explanation, and A.Y. 2011-12 did not fall within that description, so the penalty was deleted.
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