Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The ITAT, an Appellate Tribunal, considered a case involving the revision u/s 263 for non-deduction of tax at source on salary and commission payments. The CIT argued that the AO did not disallow u/s 40(a)(ia). The ITAT held that if the recipient of income has declared and paid taxes on income where no TDS was deducted, the assessee is not in default per Second Proviso to Section 40(a)(ia). The ITAT found that the recipient had declared and paid taxes on salary and commission income. The ITAT disagreed with the PCIT's failure to consider these facts during the 263 proceedings. The ITAT allowed the appeal, stating that TDS on commission should be disallowed and added to the assessee's income for the relevant assessment year.
The ITAT, an Appellate Tribunal, considered a case involving the revision u/s 263 for non-deduction of tax at source on salary and commission payments. The CIT argued that the AO did not disallow u/s 40(a)(ia). The ITAT held that if the recipient of income has declared and paid taxes on income where no TDS was deducted, the assessee is not in default per Second Proviso to Section 40(a)(ia). The ITAT found that the recipient had declared and paid taxes on salary and commission income. The ITAT disagreed with the PCIT's failure to consider these facts during the 263 proceedings. The ITAT allowed the appeal, stating that TDS on commission should be disallowed and added to the assessee's income for the relevant assessment year.
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