Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
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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