Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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Non-grant of credit of TDS due to deductor's failure to deposit tax with the government - HELD: No discrepancy found in assessee's documents. No independent verification done from deductor despite assessee providing complete details. Corresponding income declared by assessee. Denying TDS credit for deductor's failure to deposit tax contravenes Section 205. Once tax deducted, deductee cannot be penalized or demanded for TDS shortfall. Reliance placed on judicial pronouncements. CIT(A) erred in interpreting judgments. Inability to obtain Form 16A due to deductor's mischief cannot be basis to deny TDS credit or refund if assessee otherwise eligible. Issue decided in assessee's favor. Error in computing demand - issue allowed for statistical purposes for AO to verify facts and pass order accordingly.
Non-grant of credit of TDS due to deductor's failure to deposit tax with the government - HELD: No discrepancy found in assessee's documents. No independent verification done from deductor despite assessee providing complete details. Corresponding income declared by assessee. Denying TDS credit for deductor's failure to deposit tax contravenes Section 205. Once tax deducted, deductee cannot be penalized or demanded for TDS shortfall. Reliance placed on judicial pronouncements. CIT(A) erred in interpreting judgments. Inability to obtain Form 16A due to deductor's mischief cannot be basis to deny TDS credit or refund if assessee otherwise eligible. Issue decided in assessee's favor. Error in computing demand - issue allowed for statistical purposes for AO to verify facts and pass order accordingly.
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