Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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Tax deduction at source on foreign-travel leave fare concession was not required where judicial interim directions prevented the employer-bank from making the deduction. The bank had sufficient and reasonable cause because it could not lawfully act contrary to those directions. Consequently, the conditions for treating it as an assessee in default and imposing consequential interest for non-deduction were not met. The demand raised for default and interest was cancelled, and the bank was not liable for the impugned non-deduction during the subsistence of the interim directions.
Tax deduction at source on foreign-travel leave fare concession was not required where judicial interim directions prevented the employer-bank from making the deduction. The bank had sufficient and reasonable cause because it could not lawfully act contrary to those directions. Consequently, the conditions for treating it as an assessee in default and imposing consequential interest for non-deduction were not met. The demand raised for default and interest was cancelled, and the bank was not liable for the impugned non-deduction during the subsistence of the interim directions.
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