Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
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...
Penalty under section 270A for under-reporting or misreporting is valid only when the exact statutory limb under section 270A(2) is specifically identified in the notice and the penalty order. Where the Assessing Officer failed to specify the applicable clause, the foundation of the penalty proceedings was treated as defective. Relying on the jurisdictional High Court ruling in Schneider Electric South East Asia, the Tribunal treated the proceedings as bad in law, quashed the notice and penalty order, and deleted the penalty.
Penalty under section 270A for under-reporting or misreporting is valid only when the exact statutory limb under section 270A(2) is specifically identified in the notice and the penalty order. Where the Assessing Officer failed to specify the applicable clause, the foundation of the penalty proceedings was treated as defective. Relying on the jurisdictional High Court ruling in Schneider Electric South East Asia, the Tribunal treated the proceedings as bad in law, quashed the notice and penalty order, and deleted the penalty.
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