Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
A partner and partnership firm were considered for separate penalties arising from the same import contravention. The Tribunal held that, in the absence of any statutory indication treating the firm as distinct from its partners for this penalty, the penalty on the firm covered the partners' contravention as well; the separate penalty on the partner under Section 112(a) was therefore set aside. For use of false or incorrect declaration documents under Section 114AA, the partner's unwithdrawn statement admitting participation in arranging the import in the firm's name was treated as sufficient evidence, so penalty was upheld in principle, but reduced as excessive and disproportionate.
A partner and partnership firm were considered for separate penalties arising from the same import contravention. The Tribunal held that, in the absence of any statutory indication treating the firm as distinct from its partners for this penalty, the penalty on the firm covered the partners' contravention as well; the separate penalty on the partner under Section 112(a) was therefore set aside. For use of false or incorrect declaration documents under Section 114AA, the partner's unwithdrawn statement admitting participation in arranging the import in the firm's name was treated as sufficient evidence, so penalty was upheld in principle, but reduced as excessive and disproportionate.
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