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...
Penalty proceedings under section 270A require a clear sequential charge: the Assessing Officer must first identify under-reporting and then specify whether it is attributable to a particular form of misreporting. Where the notice alleged only under-reporting but the penalty order proceeded on under-reporting in consequence of misreporting, without stating the exact statutory clauses invoked, the proceedings were held invalid for breach of natural justice. Independently, the assessee's reliance on Form 16 showing the amount as exempt, together with full disclosure of material facts, was accepted as a bona fide explanation falling within section 270A(6)(a), supporting deletion of the penalty.
Penalty proceedings under section 270A require a clear sequential charge: the Assessing Officer must first identify under-reporting and then specify whether it is attributable to a particular form of misreporting. Where the notice alleged only under-reporting but the penalty order proceeded on under-reporting in consequence of misreporting, without stating the exact statutory clauses invoked, the proceedings were held invalid for breach of natural justice. Independently, the assessee's reliance on Form 16 showing the amount as exempt, together with full disclosure of material facts, was accepted as a bona fide explanation falling within section 270A(6)(a), supporting deletion of the penalty.
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