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Income Tax - Highlights / Catch Notes

Home Highlights May 2020 Year 2020 This

No doubt the discretion to levy the penalty or to drop the ...


Authority's Inconsistent Penalty Approach for Same Bank Deemed Arbitrary, Subject to Deletion under Statute.

May 21, 2020

Case Laws     Income Tax     AT

No doubt the discretion to levy the penalty or to drop the penalty proceedings is entirely the discretion of the appropriate authority who is authorized under the statute, however, where in case of same bank, different approach is adopted by the same authority in exercise of its powers so bestowed by the statutory, the same reflect arbitrariness in absence of any distinguishing facts and circumstances so highlighted and any such arbitrary levy of penalty reflects non-application of mind by such authority and penalty so levied is liable to be deleted.

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