Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
A bank could not be treated as an assessee in default under section 201 for not deducting tax at source from leave fare concession or leave travel concession payments to employees, because subsisting interim directions of the Madras High Court created a legal embargo on deduction during the relevant period. The Tribunal accepted that compliance with the interim court order prevented deduction of tax and that deduction contrary to that order would have been impermissible. Relying on earlier High Court and co-ordinate Bench authority, it held that default liability could not be fastened on the bank for the impugned non-deduction in the relevant assessment years, and allowed both appeals.
A bank could not be treated as an assessee in default under section 201 for not deducting tax at source from leave fare concession or leave travel concession payments to employees, because subsisting interim directions of the Madras High Court created a legal embargo on deduction during the relevant period. The Tribunal accepted that compliance with the interim court order prevented deduction of tax and that deduction contrary to that order would have been impermissible. Relying on earlier High Court and co-ordinate Bench authority, it held that default liability could not be fastened on the bank for the impugned non-deduction in the relevant assessment years, and allowed both appeals.
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