Penalty
This query is : Open
26 November 2014
Whether it is mandatory that a penalty should be levied under the act..please provide anu supreme court judgement regarding the same...thanks in advance
26 November 2014
what is the default for which u asking pls elaborate your querry?
26 November 2014
penalty under the income tax act to be levied for different default . pls specify the section/deault/situation
26 November 2014
If 'mens rea' is proved, penalty becomes mandatory.
27 November 2014
sir, the facts of the case are as follows:
Our Client has applied TO Stock Exchange to delist it..but there was no such reply for the same..and thus they continued as a delisted company..now penalty is levied for not registering for SCORES( customer Complaint)...as one of the customer has filed a complaint.thus the officer raised a question that the co. has not obtained reg against the same..and levied a penalty of Rs. 2 lakhs..which seems to be exorbitant..but now it is found that the customer has erroneously lodged a complain ..as the co. had same words in its name..So now my question is it right that a penalty of RS. 2lakh is levied on something which do not have any proper grounds..since the co. has asked for delisting..and the consumer complaint was also wrong
Our Client has applied TO Stock Exchange to delist it..but there was no such reply for the same..and thus they continued as a delisted company..now penalty is levied for not registering for SCORES( customer Complaint)...as one of the customer has filed a complaint.thus the officer raised a question that the co. has not obtained reg against the same..and levied a penalty of Rs. 2 lakhs..which seems to be exorbitant..but now it is found that the customer has erroneously lodged a complain ..as the co. had same words in its name..So now my question is it right that a penalty of RS. 2lakh is levied on something which do not have any proper grounds..since the co. has asked for delisting..and the consumer complaint was also wrong
27 November 2014
in such case you can appeal to higher authority and prove that allegation and subject matter is frevelous and does not stand valid in eyes of law and then the higher authority shall decide after making an enquiry and giving a reasonable oppurtunity of being heard to both co and the customer.
27 November 2014
yup...thank u Sir...is there any case law or judgement regarding the same..it will prove to be fruitful for me...
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