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...
TDS u/s 194H - Higher rate of TDS @20% in absence of PAN - Commission paid to Primary Agriculture Cooperative Society (PACS) - The Tribunal examined the nature of transactions between the appellant and PACS. It found that the State Government, through its nodal agencies, controlled and directed the activities of PACS in procuring food grains, indicating an agency relationship. Consequently, the commission paid by the appellant to PACS was deemed liable for TDS under Section 194H. It also observed errors in the calculation of TDS, considering that PACS likely had PAN details and that the commission rate was not accurately applied.
TDS u/s 194H - Higher rate of TDS @20% in absence of PAN - Commission paid to Primary Agriculture Cooperative Society (PACS) - The Tribunal examined the nature of transactions between the appellant and PACS. It found that the State Government, through its nodal agencies, controlled and directed the activities of PACS in procuring food grains, indicating an agency relationship. Consequently, the commission paid by the appellant to PACS was deemed liable for TDS under Section 194H. It also observed errors in the calculation of TDS, considering that PACS likely had PAN details and that the commission rate was not accurately applied.
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