Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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Tax deduction at source on leave fare concession payments was not required where binding interim judicial directions prohibited deduction or recovery. Vacation of those directions operated prospectively and could not retrospectively impose a recovery obligation on the employer. An employer acting in compliance with such orders could not be treated as an assessee in default under sections 201(1) and 201(1A). Liability under section 201 required verification of whether employees, as primary taxpayers, had discharged their tax liability; it was not automatic merely because tax had not been deducted. The demand and consequential interest were deleted.
Tax deduction at source on leave fare concession payments was not required where binding interim judicial directions prohibited deduction or recovery. Vacation of those directions operated prospectively and could not retrospectively impose a recovery obligation on the employer. An employer acting in compliance with such orders could not be treated as an assessee in default under sections 201(1) and 201(1A). Liability under section 201 required verification of whether employees, as primary taxpayers, had discharged their tax liability; it was not automatic merely because tax had not been deducted. The demand and consequential interest were deleted.
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