Non-Specification Of Penalty Provisions In Penalty Notice And Denial Of Immunity; Delhi High Court Holds That Assessee Is Eligible For Immunity, Says Tax Payer Should Be Incentivised
Case: Schneider Electric South East Asia (HQ) PTE Ltd Versus Assistant Commissioner Of Income Tax, International Taxation, New Delhi And Ors.
Coram: Justices Manmohan and Dinesh Kumar Sharma
Case No.: W.P.(C) 5111/2022
Court Observation: “This Court also finds that there is not even a whisper as to which limb of Section 270A of the Act is attracted and how the ingredient of sub-section (9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word “misreporting” by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary.”
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Keywords
Non-Specification Of Penalty Provisions
