Electronic WhatsApp evidence without authentication or independent corroboration cannot sustain an unexplained-investment addition based on third-part...
Mutual current-account transactions excluded from deemed dividend treatment where no fresh borrowing arose; unsupported unsecured-loan addition also f...
The ITAT held that the assessee, a cooperative credit society (not an RBI-licensed bank), was not obliged to deduct tax at source under s.194A(3)(v) on interest paid to members for A.Y. 2014-15 and therefore could not be treated as an "assessee in default" under s.201(1). The Tribunal further concluded that no interest under s.201(1A) was exigible. Even accepting, arguendo, the lower authorities' treatment of the society as a bank, no statutory duty to effect TDS on members' time deposit interest arose prior to 1 June 2015. Consequently, initiation of penalty proceedings under s.271C was held to be erroneous.
The ITAT held that the assessee, a cooperative credit society (not an RBI-licensed bank), was not obliged to deduct tax at source under s.194A(3)(v) on interest paid to members for A.Y. 2014-15 and therefore could not be treated as an "assessee in default" under s.201(1). The Tribunal further concluded that no interest under s.201(1A) was exigible. Even accepting, arguendo, the lower authorities' treatment of the society as a bank, no statutory duty to effect TDS on members' time deposit interest arose prior to 1 June 2015. Consequently, initiation of penalty proceedings under s.271C was held to be erroneous.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
