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...
Penalty under section 112(b) requires proof that a person acquired possession of or dealt with goods liable to confiscation, together with knowledge or belief that the goods were so liable. The Tribunal held that this standard was not met where the appellants consistently maintained they had only supplied fabricated material and scrap to an SEZ unit, had no purchase transactions with it, and were manufacturers rather than traders. It also held that statements recorded under section 108 could not be relied on because the procedure under section 138B had not been followed. The penalties were therefore set aside.
Penalty under section 112(b) requires proof that a person acquired possession of or dealt with goods liable to confiscation, together with knowledge or belief that the goods were so liable. The Tribunal held that this standard was not met where the appellants consistently maintained they had only supplied fabricated material and scrap to an SEZ unit, had no purchase transactions with it, and were manufacturers rather than traders. It also held that statements recorded under section 108 could not be relied on because the procedure under section 138B had not been followed. The penalties were therefore set aside.
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