Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Penalty under section 271(1)(c) could not be sustained where the disallowance arose from a debatable claim for proportionate amortisation of lease premium and the jurisdictional High Court had already admitted a substantial question of law in the assessee's own case. The Tribunal held that the claim was bona fide and, following Reliance Petroproducts, mere making of an unsustainable claim did not amount to furnishing inaccurate particulars absent any finding that the particulars were false or erroneous. On that basis, the penalty for both assessment years was quashed.
Penalty under section 271(1)(c) could not be sustained where the disallowance arose from a debatable claim for proportionate amortisation of lease premium and the jurisdictional High Court had already admitted a substantial question of law in the assessee's own case. The Tribunal held that the claim was bona fide and, following Reliance Petroproducts, mere making of an unsustainable claim did not amount to furnishing inaccurate particulars absent any finding that the particulars were false or erroneous. On that basis, the penalty for both assessment years was quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
