Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
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Payments to non-residents for travel-agent and hotel-booking commissions did not attract TDS on the facts found, because the assessee had furnished Form 15CB for each transaction, deducted and deposited tax wherever applicable, and filed the TDS returns. The HC accepted the Tribunal's finding that the commission payments to banks, credit card companies, travel agents and related service providers were not sums liable for deduction under section 195 in those circumstances. Since the assessee had complied with the TDS requirements and there was no adverse reporting in Form 3CD on non-deduction, it could not be treated as an assessee in default under section 201, and the deletion of section 201(1) and 201(1A) action was upheld.
Payments to non-residents for travel-agent and hotel-booking commissions did not attract TDS on the facts found, because the assessee had furnished Form 15CB for each transaction, deducted and deposited tax wherever applicable, and filed the TDS returns. The HC accepted the Tribunal's finding that the commission payments to banks, credit card companies, travel agents and related service providers were not sums liable for deduction under section 195 in those circumstances. Since the assessee had complied with the TDS requirements and there was no adverse reporting in Form 3CD on non-deduction, it could not be treated as an assessee in default under section 201, and the deletion of section 201(1) and 201(1A) action was upheld.
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