Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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In a penalty matter under section 271D, the ITAT held that limitation under section 275(1)(c) runs from the Assessing Officer's reference initiating penalty action, not from the later notice issued by the Additional Commissioner. After noting conflicting High Court views, it followed the later Karnataka High Court position and also applied the principle that, where two non-jurisdictional interpretations are possible, the one favourable to the assessee must be adopted. As the penalty order was passed beyond the permissible period from the date of initiation, the penalty was time-barred and was quashed.
In a penalty matter under section 271D, the ITAT held that limitation under section 275(1)(c) runs from the Assessing Officer's reference initiating penalty action, not from the later notice issued by the Additional Commissioner. After noting conflicting High Court views, it followed the later Karnataka High Court position and also applied the principle that, where two non-jurisdictional interpretations are possible, the one favourable to the assessee must be adopted. As the penalty order was passed beyond the permissible period from the date of initiation, the penalty was time-barred and was quashed.
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