Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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ITAT held that omission to mention a Document Identification Number in the initiating notice did not invalidate the proceeding, because the retrospective validation under section 292BA cures a mere mistake, defect or omission where the order is otherwise referenced by DIN; the assessee's objection also had not been raised before the first appellate authority. On the penalty for cash acceptance, the Tribunal held that section 269SS applies only to receipt of a loan or deposit, not to repayment of earlier advances, but the factual nature of the receipts was not established on record. The matter was therefore remanded for fresh adjudication after giving the assessee one further opportunity to produce evidence.
ITAT held that omission to mention a Document Identification Number in the initiating notice did not invalidate the proceeding, because the retrospective validation under section 292BA cures a mere mistake, defect or omission where the order is otherwise referenced by DIN; the assessee's objection also had not been raised before the first appellate authority. On the penalty for cash acceptance, the Tribunal held that section 269SS applies only to receipt of a loan or deposit, not to repayment of earlier advances, but the factual nature of the receipts was not established on record. The matter was therefore remanded for fresh adjudication after giving the assessee one further opportunity to produce evidence.
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