Loading...

⚠ โœ•
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice โ€” FREE ๐ŸŽ‰ โœ•

150 credits ยท 30 days

โ€ข Basic Search โ†’ 1 Credit
โ€ข Advanced Search โ†’ 3 Credits
โ€ข Drafter โ†’ 20 to extract + 25 per issue
(โ‰ˆ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo โ†’
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedbackโœ•

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

Appeal dismissed: penalty under section 271(1)(c) unsustainable where AO failed to provide adverse materials or fair opportunity

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC affirmed the Tribunal's decision and dismissed the appeal, holding that penal proceedings under section 271(1)(c) could not be sustained where the Assessing Officer and first appellate authority failed to furnish adverse materials and afford adequate opportunity to the assessee. The court accepted that documents obtained from the Sales Tax Department were provided to the assessee and that the Tribunal correctly found the A.O.'s approach to be legally untenable and prejudicial. Emphasizing principles of fairness and natural justice in penalty proceedings, HC declined to interfere with the Tribunal's reasoning and concluded the impugned order raised no substantial question of law, thereby upholding the relief granted to the assessee.....