Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Penalty under section 271D could not be sustained because no satisfaction was recorded in the assessment order initiating penalty proceedings. The Tribunal held that where the returned income was accepted and no quantum addition was made, there was no occasion in the assessment order to record the requisite satisfaction, and the Assessing Officer could not validly proceed by issuing a separate show-cause notice and penalty order. Relying on binding precedent, the Tribunal treated the absence of recorded satisfaction as fatal to jurisdiction and allowed the assessee's appeal without examining the merits.
Penalty under section 271D could not be sustained because no satisfaction was recorded in the assessment order initiating penalty proceedings. The Tribunal held that where the returned income was accepted and no quantum addition was made, there was no occasion in the assessment order to record the requisite satisfaction, and the Assessing Officer could not validly proceed by issuing a separate show-cause notice and penalty order. Relying on binding precedent, the Tribunal treated the absence of recorded satisfaction as fatal to jurisdiction and allowed the assessee's appeal without examining the merits.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
