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...
The HC dismissed the writ petitions and upheld the constitutional validity of the proviso to s.194A(3) of the Income-tax Act as amended by the Finance Act, 2020. The court held that a proviso may operate substantively to alter a principal provision where legislative intent so indicates, and that the proviso here legitimately conditions the non-applicability of s.194A(1) on the payer's turnover/gross receipts without manifest arbitrariness or breach of legislative competence or fundamental rights. The petitioners, being primary agricultural credit societies not conducting banking as defined under the Banking Regulation Act, failed to establish entitlement to relief under s.194A(3)(iii). Accordingly, no interference was warranted.
The HC dismissed the writ petitions and upheld the constitutional validity of the proviso to s.194A(3) of the Income-tax Act as amended by the Finance Act, 2020. The court held that a proviso may operate substantively to alter a principal provision where legislative intent so indicates, and that the proviso here legitimately conditions the non-applicability of s.194A(1) on the payer's turnover/gross receipts without manifest arbitrariness or breach of legislative competence or fundamental rights. The petitioners, being primary agricultural credit societies not conducting banking as defined under the Banking Regulation Act, failed to establish entitlement to relief under s.194A(3)(iii). Accordingly, no interference was warranted.
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