The ITAT ruled that penalty proceedings under Section 271D are invalid if the Assessing Officer fails to record satisfaction in assessment or related proceedings. Since no assessment proceedings existed in the case, the penalty was held unsustainable in law.
The ITAT Hyderabad held that additions for alleged cash payments cannot be sustained merely on the basis of third-party seized documents. The Tribunal ruled that absence of corroborative evidence, cash trail, or signed records makes such additions legally unsustainable.
The case involved GST proceedings initiated after alleged excess stock was found during a factory survey. The Court held that Section 130 proceedings were wrongly initiated and invalidated the confiscation-related orders passed by the authorities.
High Court held that customs regulations require verification through reliable documents and data, not mandatory physical inspection of a client’s premises.
The Tribunal held that notice under Section 148 was invalid as it was issued by an officer lacking jurisdiction. It relied on CBDT Instruction prescribing monetary limits. The ruling highlights strict adherence to jurisdictional norms.
The Tribunal found that the transfer pricing adjustment was incorrectly computed using SEB sale rates. It allowed deduction based on consumer tariff rates. The decision clarifies benchmarking for captive consumption.
The court held that initiating proceedings under the penalty provision for alleged excess stock discovered during a survey was improper. It ruled that such cases must be dealt with under assessment provisions, leading to quashing of the order.
The Court examined whether Section 130 could be used when discrepancies were found during a GST survey. It held that the correct legal route is Sections 73/74 and reinforced settled precedents.
The Court examined whether confiscation proceedings under Section 130 were valid for alleged excess stock found during a survey. It held that the law mandates action under Sections 73/74, rendering the orders unsustainable.
The Court examined whether Section 130 proceedings were valid when excess stock was found during a survey. It held that such cases must be dealt with under Sections 73/74, rendering the penalty order unsustainable.
