Tag: assessee in default
Prosecution u/s 276B for delay in deposit of TDS quashed by High Court in the light of CBDT circulars In a recent judgment, Hon’ble Bombay High Court has quashed prosecution u/s 276B for delay in deposit of TDS in the light of CBDT Circular/Instructions stating that when TDS …
Deductor cannot be treated an assessee in default till payee also failed to pay tax directly. Before holding assessee in default, AO must establish that payee failed to pay tax directly – ITAT In a recent judgment, ITAT Jaipur has held that in cases of non deduction of …
In absence of mala fide intention bank should not be treated as assessee in default for late deduction and deposit of TDS – ITAT In a recent judgment, ITAT has held that in absence of mala fide intention bank should not be treated as assessee in default for …
No TDS u/s 194IA on advance security deposit under JDA as there was no transfer as conditions of Section 2(47)(v) of the Act was not complied ABCAUS Case Law CitationABCAUS 3468 (2021) (03) ITAT Important case law relied referred:Keshub Mahindra v. CGT 70 ITR 1CGT v Smt C …
No TDS requirement u/s 195 on employee secondment agreement for payments for reimbursement to a non resident enterprises towards costs of seconded employees. ABCAUS Case Law CitationABCAUS 3432 (2020) (12) HC Important case law relied upon by the parties:M/s Centrica India offshore Pvt. Ltd. vs. Commissioner of income …
TDS non deduction by bank where income in Form 15G/15H exceeded threshold limit of basic exemption. ITAT remands case for filing of Form 26A ABCAUS Case Law CitationABCAUS 3411 (2020) (10) ITAT Important case law relied upon by the parties:Hindusthan Co-cola Breverages Ltd. Vs. CIT 293 ITR 226 (SC) …
CBDT Clarification on short deduction of TDS/TCS due to increase in rates of surcharge by Finance No.2 Act, 2019. when assessee not to be treated in default Circular No. 8/2020 F. No. 370133/5/2020-TPLGovernment of India Ministry of Finance Department of RevenueCentral Board of Direct Taxes(TPL Division)***** Room No. …
Trader in scrap not liable to collect TCS u/s 206C if scrap not a result of manufacturing ABCAUS Case Law Citation:ABCAUS 3284 (2020) (03) ITAT Important case law relied upon by the parties:Navine Fluorine International Ltd. vs. ACIT (TDS)Nathulal P. Lavti vs. ITO(TDS)M/s Bharti Auto Products vs. CITDhasawala …
Is bank guarantee commission liable to TDS u/s 194H-SC dismisses SLP of the Department but keeps the Question of Law open ABCAUS Case Law Citation:ABCAUS 3073 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:Commissioner of Income Tax (TDS)1 Vs. Larsen & Toubro Ltd. (2019)101 taxmann.com 83(Bombay) In the instant case, the Income Tax …
Addition u/s 40(a)(ia) in rectification proceedings u/s 154 upheld as question of second proviso being prospective was not debatable in view of jurisdiction High Court decision ABCAUS Case Law Citation: ABCAUS 2983 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT vs. Ansal Landmark Townships …