Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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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