Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Penalty under Section 271(1)(c) was held inapplicable where an assessee disclosed the Hong Kong branch income and claimed treaty relief on the basis of a plausible legal interpretation. The disallowance resulted from a pure error of law because the India-China DTAA did not extend to Hong Kong at the relevant time, but the Department failed to prove concealment of income or furnishing of inaccurate particulars. The Court held that Dharmendra Textile Processors did not make penalty automatic on every disallowance; the statutory preconditions for penalty must still be satisfied. The penalty deletion was upheld and the Revenue's appeals were dismissed.
Penalty under Section 271(1)(c) was held inapplicable where an assessee disclosed the Hong Kong branch income and claimed treaty relief on the basis of a plausible legal interpretation. The disallowance resulted from a pure error of law because the India-China DTAA did not extend to Hong Kong at the relevant time, but the Department failed to prove concealment of income or furnishing of inaccurate particulars. The Court held that Dharmendra Textile Processors did not make penalty automatic on every disallowance; the statutory preconditions for penalty must still be satisfied. The penalty deletion was upheld and the Revenue's appeals were dismissed.
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