Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
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Verified actual TDS deduction supports credit even where the deductor fails to deposit tax, file statements, issue Form 16 or Form 16A, or generate a Form 26AS entry. Section 205 prevents direct or indirect recovery from the deductee to the extent tax was deducted, including adjustment of refunds; post-deduction default remains actionable against the deductor. Section 199 and Rule 37BA require a verification-based credit process harmonised with that protection. The taxpayer must provide reliable, payment-specific evidence, such as payslips, invoices, bank records, payer correspondence or confirmations. The Assessing Officer must conduct factual verification; unsubstantiated claims receive no protection. The stated position is confined to domestic transactions.
Verified actual TDS deduction supports credit even where the deductor fails to deposit tax, file statements, issue Form 16 or Form 16A, or generate a Form 26AS entry. Section 205 prevents direct or indirect recovery from the deductee to the extent tax was deducted, including adjustment of refunds; post-deduction default remains actionable against the deductor. Section 199 and Rule 37BA require a verification-based credit process harmonised with that protection. The taxpayer must provide reliable, payment-specific evidence, such as payslips, invoices, bank records, payer correspondence or confirmations. The Assessing Officer must conduct factual verification; unsubstantiated claims receive no protection. The stated position is confined to domestic transactions.
Note: It is a system-generated summary and is for quick reference only.
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