Tag: assessee in default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding judicial order a statutory default In a recent judgment, ITAT Agra has held that a subsequent order passed by the Hon’ble Apex Court in respect of the substantive …

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A – ITAT Interest payment on mobilisation advance made by the assessee to NHAI not liable for deduction of tax at source u/s 194A of the Income Tax Act, 1961 (the Act). …

When quantum appeal stands restored to the AO, penalty can not be levied u/s 221(1) of the Income Tax Act for non -payment of the demand. In a recent judgment, Allahabad ITAT has held that when the quantum appeal stands restored to the file of the AO and …

Since TDS statements are filed on a quarterly basis, the computation of limitation for treating assessee in default u/s 201 (3) operate quarter-wise – High Court In a recent judgment, Hon’ble High Court has held that scheme of TDS compliance and rules treats each quarter as a separate …

There is no legislative mandate to collect tax at source under section 206C (1C) from the person involved in illegal mining or illegal transportation of minerals. Supreme Court dismissed SLP of Department. In a recent judgment, Hon’ble Supreme Court dismissed SLP of the Income Tax Department upholding Chhattisgarh …

Assessee duty bound to deduct TDS u/s 194I and 194J of the Act on the provisions for rent and professional fees made in the accounts In a recent judgment, ITAT Surat has held that, the assessee duty bound to deduct TDS under section 194I and 194J of the …

Common Area Maintenance (CAM) Charges cannot, by any stretch, be construed as payment of rent liable to TDS under section 194-I – Supreme Court dismissed SLP.  In a recent judgment, Hon’ble Supreme Court has dismissed SLP of the Income Tax Department against the judgment of the High Court …

When assesee did not deduct TDS on account of interim stay of High Court, it can’t be regarded as assessee in default under section 201(1) of the Income Tax Act. In a recent judgment, Hon’ble Kerala High Court has held that when assessee did not deduct TDS on …

ITAT allowed assessee to submit Form 26A before AO as he misunderstood lower rate of TDS in certificate u/s 197 and deducted short TDS In a recent judgment, ITAT Mumbai has allowed assessee to submit Form 26A before AO as the assessee misunderstood the lower rate of TDS …

The deductor not required to act as an investigator or auditor to conduct any factual verification of the transporter’s declarations under section 194C(6)   In a recent judgment, ITAT Chandigarh has held that provisions of section 194C(6) did not require the deductor to examine balance sheets, registration certificates, …